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KROPFLI CONSTRUCTION COMPANY, INC. - 1985-03-07
i �y •r, t � � � fin. ..r .. ...w ,.►o• rG pwlp.w +•,R M►rsenQ91� 0. DONOVAN GOETZ n�r1q'w� prrspn.�'�� in��.�t •p �w o• rrp.w�! ,. a r.^ ••'w t•tt t w• ♦.•i...,, w. ,bs.••bwr} to .h,s ."Itrur^A^t DS the A••rj.rer .n int• ?.. j�f..,:.�.. ^�.i•An•so .r p4nr �. t .Ya-r w.��w,t �., �, •ti ''' \ t't.t.A.� •hw ^O`r1 Co •r.e Sod LAA.�r,� Mw'�•r� nt t•.•w•r _7 n;! �.t ^..A•- n•7m�. �s A•......� .i�r• ' "r H+i.f�• 'rlti !Ar . ` . �No'nrI A,hiq IL .. • 1 .. r Ll APPROYM Is TO Fopjt,f ' CAII. BUT -OH., City AttorrAW By: Doputy City Attornor OW INSURANCE COMPANY / 6 bond No. F 8 003053 MAINTENANCE BOND KNOWALI..tI A'K'' TIIf'.tif'PRfSE%'T:S• Yhat we• Y`ROPFL I CONSTyRUCT I ON -_CO. , INC . 79_X imeno Avenue. Long Beach, California 90803 _ as Principal, and FAIR,MONT INSURANCE COMPANY , a corlwation organized under the lams of the Statc of ('altfurnra and duly authortrcd to do bu %tnc« in the State of _ Ca 1 i f o r n i a as 5urct� . an hcid and trrmlx hound untn , CITY OF FOUR HUNDRED FORTY THREE. THOUSANp AN.p �QL.I..QQ ---'-- Js Oh111,Cr. �U flit' I�t'IrJI �Uh1 ��I •--- ------------------------------------------------ is 443,000 00 lu which 11.1%file III AV arnl dill•. I., tic ttlid c Nc 41•1 hr,'d omLrlloc%. ttur and cacit 11f t►ur hefts. executwi. adminnttatcrs, %tl:.cs%ors ,wd ►--mik alid %ewfilk . fllftlls h% 111c'enk k'Ir1,RI IS. tfie sJtd Prin,tr]I entered inI-1 .1 ( 4-I+ira.l tsttli Iftc CITY OF HUNT I NGTON BEACH dated for Ci ty Funded PubI is Nnrk% Contract for :(instruction of the Municip.-1 Pfer Restaurant kl/fRf I.ti Lid ( 0Vfrj%f hf1-%rdre 111.11 file I'nn;rret Ail! 1orm0..1 ►-ond .s1ndit!,tried to huarantec lot the period of �cart,f Duel .rrprs'kal 4if tr•i Isnrl eointJlc till lard I.-h h+ the „%firr..tf;arttit Al defects, in wurhnunshrpand ntatrrlal% %oio, r;sj% ►c—r:ic 11•Ilarcrt Jutirig .asd hcrl—d an.l k'IIfX1.t.ti. •� : ( 'rltfJ�i lilt t�rcn .,-rT Acted. and wJt aj'pw%cl; +n di 44 1'r ,%'Ok'• 11If'RFf'0RV TIII MAMMA' 01 r111S Ofil IGATIOV IS S101, ttut, if the Principal shall indemnify the Obligee fill Ja 1%1%% drat file Mlfgce nu► -antim hs rcJum ill mN defe►tive materrxls of w•utlmanthrp which become apparen:.lurrllp the perm.) it _.t_ -. ye.r w frttm and after_-,._QCL11ber_. 14 fhcn tits+-A.1iLatnon %Hall hr'.,r0. it) trmaln on full fttr,r aril cftc:t Signed, se -bled As"d :fated ttt+.s -._-- -. 19 t_h_.. _ .. dyy ,�t F e b r u a r_y 19 86 »31 to. 41 KROPFL I CONSTRUCTION CO... By _ _ ... -- _ ISeaI) FAIRSK yT INSURAN : C( NPA`Y 0. 00 OVAN GOE 17Anno-in-Fact PAIRMNT INSVRANCE ODMy t i Wavb t 6 WftrWs P01 IRRI OF ATiTOItl RY KNOW ALL MEN iY THSN IwlpilKM Thai FAIRMONT 1 6MkNCE COMPANY, a CjWvnrk Cwptsration, doer: hereby (make, congkWe &W D. Donavan Doet z as its tnae lawful Attomey(s)• in. Fact, with full power and authority, for and on behalf dthe Cort"y as mMy. ro exww and deliver and affix the peal of the Company thereto, if a seal isrequited. bonds. undenakinp, fecolr4toaara, costaettts off surety or other written obli jatit+ns in the nature theevf, as follows: Any and all hoods. undertakings, tecognizances, consents of surety or other written obhlgatiord in *re rtatwe thtred, and to bind FAMMOW INSURANCE COMPANY thm6y. and all of the acts of said AMwrs As) -in -Fact, pursuant to these preierits, are hereby ratified and cor fi rt*d. This appointment is nude under and by authority of the follwAring Bylaws of the Company, whkh Bylaws are now in full force dctd effect: ARTICLE IV. Section 13 ATTORNEYS -IN. FACT AND AGENTS The chairman of the board, die president, the tine presWtat. the Owl lui&ncW er. or aryt cor awn our appome summy in4aa or W"h with po«_ tr and 4uthemy. as defined or limited in their rtsp active powers of atim my. kw and on bth&W of the caporation to emerwo and deriver, and affix the seal of the Corporation thereto. bonds. undertakinRt. mw%ni"rwn. cmwerxu d w rty or other written obliSations in the nature thereof and anr of sad remove of1cm may any Such arloe my -in -fait or a" and revoke the power art' authority given to hum or hrr ARTICLE W. Section 1/ AUTHORItY TO SIND. Any bond. undertaking, "Vognuance, congero of su" or xrrttten Mabi Ratroe in tcw n iurt t -eiiR sT+a"1T tie va'1`"a btndin upon the oxpmat�on when ugned by the chairman ad** td, the president, the v e pmsdent, the chief financiatofficrr. or the secretary of the twpwatton and duty stuim and sealed, if a seal ex +t,rd. by tN secretary at atustant sec. im. or shag be vabd and bit+dirtR arum the earpptsticm when duty executed and teakd. d a seat is rNurced. by a duly authmued monrryin•lact or Mond. prrtwrtii so end wahon the bauts of the authority gronsed by het or her pcp%er, of attorney This power of attorney is signed and sealed by facsimile under and by the authority of the foWwin6 Rejoiu. tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a met nq duly called and held ),t the Ord da v of October. 1993. RESOLVED that the s>snrturr of any officer authorised by the bylaws. and the seat of the capmewmk tmalr be atltb" by facswmi t to any po-et of anaerwy at speml power Of attarrty or ct"11%atwn d 40?W V"ft br the taemhon of sey bond. undertakutg rrcoanu&mr content of Surety or other wrNten ON%&troei rn the nature then; tx+ch sipwrnt and grit. when so used. bring hert'by adopted try the corparolon as the orirkA osrestwtt of roach of cl" MA iM arfapstd !tat of the corporation. to be .Wed aril+ binding upon tha awpcoation with the Larne 10me stW elhtt as It tit tray affixed IN WrWESS WHEREOF. FAIRMONT INSURANCE COMPANY has caused their presents b be s4ned by its proper affictr ;arid ie: tarpiarate seal to be hereunto affixed this 22nt1 day of March of 1965 5� FAIRMONT INSURANCE COMPANY :iAM u my AL11. Henry y. 1lright, Vi Prtaidont v viola 0 b 0 A siu..1 caww Nervy IN Wright pamWIV know Ma nw, was by m d* won. asrd slid and Mf►: !hM hwsm resides in the Stale of Callfornia; that helshe is the duly► eiactt+,i Vim si t � FAIRMONT 04SURANCE COMPANY, the curporaWn descried in and whkh emculed dear above Mretr- am - tltiat he/she knows the seal of vaid amporati - 'oat the seal afNwed to said IrWhIm le'llt IS swrch cor- porate seal; that it was so affbwed by audwritr of his4w office under the Oy ews of said capoganon, and th at heishe siEned his/her haaw thrftto by iikt author►. Subacribrd and sworn to rrt this 22nd s, FOOM !►tom HAf11ltET LA1NiEU retWo" oarocl 0 tOS ANOLL13 ODUWY of DWAWN [mom Mr. n, to dsy of March CERTIFICATION Notary Pubk in and for said County and State. ,19es 1, Tr de A. Taujimoto the Assistant secretary of FAIRMtONT 1NSMNCE COMPANY, certify that the forgoing pow+tr of attorney and the above quoted Sections 13. and 14. of Article IV of the Bylaws have not been abridged or revoked and are now In full Fmv .and effect. Signed and Sealed at Burbank. California. this 19th CALIfy [41 *T-plil- 1. a �"1 day of February .19 86 j_ "I 7'00v� CITY OF NUNTTNGTON BEACH "UJ011Y ,KZTO EZndaQ : R.ELMSE OF 51h)A NOTICE �s�.ta44Y tjTa 'ttUtw 'IIY9 -. . do-' 0 SY C-voudr To: CITY OF HUNTINGTON BEACH Attention: City Clerk 2000 Main Street Huntington Beach, California 92648 The undersigned hereby withdraws and releaser the Stop Notice filed on c_ m - ; , 19 f?.: , with the above -named public entity against (—e `: j" "J c in the amount of z !z .✓V_ for labor, services, equipment and/or material furnished in connection with the original contract, numbered CC- for the performance of the public work of imporvement described in the contract between the public entity And _�.4 ;,',�� �,,0 �- the prime contractor. A cop), of the contract is on file with the City Clerk. The undersigned also hereby releases the CITY OF HUNTINGTON BEACH, and its subdivisions, officers, employees and agents, from any and all duties under Section. 3186 of the California Civil Code to withhold money or bonds in response to the above -mentioned Stop Notice, and waives any and all rights of action against them that might accrue thereunder. GATED:19i Name of Claimant: If a corporation, signature of: � 1 re en of ce res e±nt ,i Secretar; or Chia nanc a Officer Address: / �Y'�.i .,� 4-.'a-L,.- '�-•� 16341 MOP Neff" �. NOTICE TO CITY OF HUNTINGTON 1lFACH, ATTNs ENGINEERING � tr• � x t' E D 1,Vo%w of PtaA►lle aU 4j- (►r Lra*r) 2000 MAIN STREET HUNTINGTON REACH. CALIF. 92648 r (If Public Job --- rite with office of controller, ,auditor, or other public disbursing a(fsc 0o11 t is • to make payments under provisions of the contract.) MWACK CAL.j'' (If Private Job -- tilt with resir)nsible officer or person at office or branch of cunstruction lender istettrl Ow construction funds.) Prime Contractor_ 190FE5TRUCTION Sub Contractor (If Anv) Cep!. -AST E? ECM Cam__.._-.. Owner orPublic body: CITY OF HUNTINGTON BEACH Improvement known as (Name and afdrru of pra�rrr or %0rA of atnpruKWnt I OFF WQT 101 HUh'T I NGTON BEACH, CALIF. irltheCityof HUNTINGTON BEACH. State of California. , Ctsunty of _ ORANGE WALTERS WHOLESALE ELECTRIC CO. claimant.a CORPORATION 14laamant) 'Cnrp+irat��nt,'Partnurth)p/ Solt Prtr�+rirtw 1p� furnished certain labor, service. equipment or materials used in the atwwc described work of trnpnnement. The name of the Berson or comppany by whom claimant was emplo%ed or to wham claimant furnished labor, ser.ice. equipment or materials as CAL -WEST ELECTRIC Y �� r Name w Suh, ontrat tile; ( unt►atfor/Ouvier. 11iddirr 2295 S. GRAND AVE ITE SANTA ANA, CALIF. 92705 The kind of labor, scr ice, equipment or materials furmsn�d or agreed to he furnished h% claimant was 1=I_FCTRI CAL BL t,!NG INTERIALS Jf I. rlPr in atoll! Total saluc of lahur. •crn:cc, equipmcnt or materials agreed to t,c furnished Total saluc of labor, setssce. cquapmtnt or materials actual)s furnished as Credit for materials returned, if anN Amount paid on ;account, if an% Amount due after dcductsnF all just credit- and offsets $_ 7.5b4,40 S_ 7.564.40 S S _L,, 64.40 V01' ARE: IIERENV NOTIFIE 1.) to withhold sufrictcni monies held hi you on the atx)s,r desenbed project to satisf} claimant's demand in the amount of S I-.5as pro%ideJ to Sections 3156 throaah 3214 of the Civil Code, and in addition the-cto sums sufficient to cpser interest, court costs and reasonable costs Of litigation, as provided by law. A bond t,; u r atttachcd ( Bond required on pri%ate jehl, — not on ^•shbc )obs.) !r! if not, Date — , EMB .R 5, 1987 Name tof Clasrnant WALTE:RS WHOLESALE ELECTRIC CO. i f a rrrt .� o,rrt lI� —,- SEC./TREAS. rOjjirtd ('opnttt►.i VERIFICATION I, the undersigned, state. I am the SEC./TREAS. ("a*ror of '. ' ptrattktrt of "a perrtsr► o) "owow of % etc. i the claimant named in the foregoing Stop Noticat; I have read said claim of Stop Notice and know the cwttents thereof, and 1 ccrtif% that the same is true of m) own knowledge. 1 certify (or declare) under penalty of perjury under the law s of The State of California that the foregoing as true and correct. E:uecutea! on _,__-1,'' RIM. 5. , 19 ..8, .— , at-9=0Ls'......_ _ r Cbltfornsa _� ) `-t ) r, tr,trNsro ( 1410fte.to• 4_WsktMtrd.4rr•.r. Notice to Contractor (NINETY 1901 DAY PUBLIC WORKS PRELIMINARY BOND NOTICIE TO PRIME COWRACTOR) AS PROVIDED FOR IN SECTION 3091 OF THE CAI.IFORNIA CIVIL CODE To: R� FLY CONSTRUCTION .., � �. 79 x. . AVENUE Lim grA1.LF.. flYew PIJ AJAkru of Ainx Conrrrckv) You are herby notified that _ I'At-TERS WHOt.F-SAI.E FUCIE C CO.. (Niame of prrs"n or fr"I fkMiAbe bhoe. NWWcft fgUo Nat or 0Wrr*W) jdfrw has furnished labor, 4en'ICCs, equipment or material of the following jenerxl descripticn. fGenerel Jrrmrrinn -if khv. rerun rgwtrmr+t W XWOW --- fwnerhed cv ro 6t fmmahrd; for the building, structure or other work of improvement heated at: RFSTAURAI T F%'D OF 111F PIER OFF IM 101___HUNTINGTON Ht,�` CALL£. /AJJ"n nr Jnmrraln .+f RJR are wffkwRr fev &JrnrVky *m) The name of the person or firm who contraciml for the purchve of such labor, senices. equipment, or material is: CAI. -WEST ELECTRIC (Nd"Ir fAi I Aide! r of re-v" or Ibl"I 2295 S. GRAND AVENUE SANTA ANA. CALIF. 92705 The amount of the claim is S 7,564 40 Date NUVEHBER 5, 1985 Name of Claimant WALTERS WHOLESALE ELECTRIC CO. fFOM 1%"I rf By 22....��.G.. SEC./TREAS. toffs w Clr�.cKrrl CITY PUM MO PUIRAIC WORKS CONTRACT BKTM M TUB CITY Of W MTINGTOFS SNACK AND PLI i WRM61 IMC. , dL�Li norm CcJMrnwxyial co., IMC. wa ■ w ...� , FOR COUB'TRUCTION OF TIM MKICIPAL PIRR RMR7"AURWT THIS AGREEMENT is made and entered into on this 7 day of AMP-1,_ 19jEr, by and between the CITY O! HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and KROPPLI i BURROUS, INC., a California Corporation, doing business as KROPPLI CONSTRUCTION CO., INC., a sole proprietorship, hereinafter referred to as "CONTRACTOR." WMREAS, CITY has solicited bide: for a public works project, hereinafter referred to as "PROJECT'," more fully described a:, the construction of a restaurant facility atop the municipal pier; and, C04TRACTOR has been selected and is to pe•form said work; NOW, THEREFORE, in considerr_tion of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipmef,t, supplios, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in at good and workmanlike manner. i CONTRACTOR a5rc6,& 4o assume the risk of all loss or Umaye a-i-.-inq out of the nature of the FROJECP', during its proci=ess or prior to acoap-fences, from the action of the elements, -on any uitforeeen Jifficu1ties which may arise or be encountered in t he p.vosu(-:•ticn ^f work, and for all other risks of any description connected with the work, including, but not limited to, all. expenses !r,cu--r6d by or in consequence of the suspension or discor►t!nuance of work, except such as are herein expressly sti pv.' and to be borne by CITY, and for well and faithfully cr)wriletinu the work within the stipulated time and in the manner rhown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually �.erformed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to b�: performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. ,. 2 - It is agreed that the Contract Documents are incorporated into thin Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Docur:ants insofar as they relate in part or in any 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 work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1982 edition of` Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Publ' 4orks Association and the Southern California District Associated — neral Contractors of the California Joint Cooperative Committee; E. Bid document.n including the Notice Inviting Bids, the Special Instructions to Bidders and addenda thereto, if any, and the Contractor's Proposal (attached hereto as Exhibit "A"); - 3 - F. The particular plans. specifications, special provisions and addenda applicable to the PRaIECT'. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in th'a Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be iamediately submitted by CONTRACTOR 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 its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATIO�J CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for tine faithful performance of this Agreement, subject to dny additions or deductions made under the provisions of this Agreement or the Contract Documents, the sum of Three -hundred and thirty-five Thousand, eight -hundred and forty-three dollars ($335.2,143.00) as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. - 4 - 4. COMMENCEMENT OF PRW ECT CONTRACTOR agrees to coeaence the P RW ECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one -hundred and eighty (180) calendar days from the execution of this h greement by CITY, excluding delays provided for in Section 11 herein. 5. TIME OF THE ESSENCF. The parties hereto recognize and agree teat time is of the essence in the performance of this Agreenet.t anti. each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval. as required by the Contract Documentu for all shop drawings, details and namplez, tlnd do all other things necessary and incidental to the prosecu'ion of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PRaTECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Secticn 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide t`,e time and order in which the various portions of the work shall be performed and the priority of the w.ark of other contractors, subcontractor a and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. - 5 - ea 6 . CHARGES CONTRACTOR • shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW 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 CONTRACTOR that have not been agreed, upon to writing by the DPW. When directed to change the work, CONTRACTOR shall sutmit Immediately to the DPW 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 to the changes ordered in writing by the DPW and the proper cost thereof •hall be negotiated by the parties upon coat and pricing data submitted by the CONTRACTOR:. thereupon, CITY will promptly issue an adjusted change orG4r to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unlres m and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, - 6 - n; 0 for any reason, relief to the CONTRAMOR shall be limited to a time extension equal to the delay due to such unavailabirit.y. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and to warrant such performance Yor a per io 3 of one (1) year after CITY' S acceptance thereof, and one in the amount of fifty percent (501) of the contract price to guarantee .ayment of all claims for labor and materials furnished. S. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but net limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the twork, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDE:PBNDENT CONTRACTOR It :is understood and agreed that the CONTRACTOR is, and shall be, acting at all mimes 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 of income tax, social security, state disability insuraneo - 7 - compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIOUIDATED 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 ccapleted within the number of working/calendar days as r;,t forth in Section 4 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 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforseeable causes beyond the control and without the fault or negligence of CONTRACTOR, g including, but not restricted to, acts c;f God or of the public *navy, 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 period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY 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 DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the Act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is 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 in 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 made unless a claim therefor is presented in writing to CITY within fifteen (15) clays of the commencement of such delay. No claims for additional compensation or damages for delays*, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delai•s by other - 9 - contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTRACPOR shall promptly,, and before such conditions are disturbed, notify the DPW in writing of: (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, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. Tne DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may 'be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not goverr+ final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of - 10 - the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT,, if the actual quantities used are either sore than or lees 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. No claim by CONTRACTOR 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 such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and wake such adjustment for extending the completion date as in its judgment the findings warrant. 14. P ROG RE SS -,XY ME NT S Each month the DPW will wake an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (101) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPk, faithfully executed fifty percent (501) or more of the value of the work as determined from the bid schedule, and if the DPW finds I "1 s that satisfactory progress has been and is being made, the CONTRACTOR may be paid such suss as will bring the payments of each month up to one hundred percent (1001) of the! value of the Mork completed since the commencement of the PROZIECT, as determined by nPW, less all previous payments and less al.l previous 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 Hat.ice 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 work 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. Partial. payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SEMRITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement. 16. AFFLDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW Its affidavit stating that all workers and persons employed, all firms supplying - 12 - ft 0 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 affidavit covering disputed claims, or Items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER 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 officers, agents and employees against any and all liability, clad-:n, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by 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 such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any ce)stcs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or May be awarded to CITY by a court of competent jur12diction. - 13 n, 0 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section Mil, CONTRACTOR acknowledges awareness of Section 3700 at seq. of said code, which requires every employer to its insured against liability for workers' compensations CONTRACTOR covenants thLt it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One -hundred Thousand Dollars ($100,000), at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY, and CONTRACTOR shall, prior to commencing performance or the work hereunder, furnish to CITY, on a farm approved by the City Attorney, a certificate evidencing such insurances said certificate shall include a provision that tie insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall. notify CITY at least thirty (30) days prior t.o any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 16 of this Agreeoeni:. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.. +- 14 - c+ w 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by insurance companies in forms satisfactory to CITY for all operatio:ie, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, its officers, agents and employsee 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 amount of not less than Three -hundred Thousand Dollars 3300, 000.00 ) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation righto against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of constructian, CONTRACTORI shall furnish to CITY certifica:es of insurance subject to approval of the City attorney evidencing the foregoing :n.urance coverages; said certificates shall provide the name and policy number of eacd carrier and policy, and shall state that the policy Is currently in force and will not to cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in forcer until the work under this Agreement is fully completed and accepted by CITY. 0% 0 The requirement for carrying the foregoing insurance shall not derogate fro■ the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its 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 pramiums on all insurance hereinabove required. 21. DEFAULT AND TERMINATION If courRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY ■ay give notice in writing cf its intention: to terninate this Agreement. Unless the violation is cured within Len (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; ir. such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become clue to CONTRACTOR. 22. DISPOStTION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, apecifications, drawings, reports, - :b - calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become ite sole property at no further cost. 23. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, 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 CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant. to this Agreement. In accordance with California Government Code Sections 1090 et seq., but subject to the exceptions therein set forth, no CITY official or employee shall be financially interested in nor derive any financial benefit, either directly or indirectly, from this Agreement. 25. ATTORNEY'S FEES If any action of law or in equity becomes necessary to enforc-z or interpret the terms of this Agreement, the prevailing party shall. be entitled to rease-nable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Yotiee or 1atiee to Withhold which names CITY as a party to slid action or by reav ou of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney's fees, costs and - 17 n 4 necessary 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 materials payment load required of CONTRACTOR. CITY may charge an administrative fee of One -hundred Dollars (t100) 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 expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26. NOTICES All notices required or permitted hereunder shall be delivered in person nr by registered or certified sail to an authorized representative of the party to whoa 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. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the wards contained therein 18 - neces®ary disbursements arising out of the processing of said Stogy► Notices, Notices to Withhold, or any nimilar legal document � necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One -hundred Dollars ($100) 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 expense so incurred against any rum or sums owed by CITY to CONTRACTOR under this Agreement. 26. NOTICES All notices required or permitted 'hereunder shall be delivered in person or by registered .r certified ■ail to an authorized representative of the party to Mhos 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. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein .. is - ct o 4 *hall in no way be hold to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of thin Agreement. 28. ENTI RETY The foregoing represents the entire Agreement between the parties. TN WETKESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: KROPFLI i BURROUS, INC. a California corporation d/ / KROPFL STRUC 7 CO. .. � �:S r ent _.Barg t Krop J rSecre Treasurer ATTEST: 624�0�4-1 JA ty Clerk REV I E W D-J600 AP P RCi`J M nistrator JNIlk f 0461L 2/26/85 #3360 - 19 - CITY OF HUNTINGTON BEACH, A municipal corporation APPROVED AS TO FORM: ty Att me I*,iTIATED AHO �P ED: A rector of Public Works STATS OF CALIFORNIA ss: COUNTY OF LOS ANGZLZS On `ar0i +, 198R , before me, the undersigned, a Notary Public of said county and state„ personal_:; appeared John . Schmidt , personally known to me (or proved to au on the basis of satisfactory evidence) to be .he i person whose name is subscribed to this instrument as the attorney -in -fact and acknowledged to se that he {she) subscribed the name on behalf of the corporation therein Hamad as surety and his (her) own name as attorney -in -fact. i Witness ay hand and official seal. SEAL X I - Notary --Public - State of California Mew^ Str LINDA D. COATS .s.,w �,t cKyowa UK Md as oou.n }+ti tr•r t � w FAIRMONT INSURANCE COMPANYM"om A8 ?0 "'X: ILIL 1W i : •'Y . ( I ty Lttoz0 PERFORMANCE SOND Pr*nivan: $4030.00 Approrml M fir. Aw wiser lomd%tia r1 AntAm a A.I.A. Dewua m No. A•311 Fd w y.1970 Edi0m X%'OWALL MEN 8YTHESE PRESENTS. That we Kropfli Construction Co.. Inc. . �.+� .r.rrrr , (Here insert the name and a4dren or 14A tick of Contractor) 79 Xiteeno Avenue Long Beach, CA 908:3 as Principal, tiercitsafter called Pnndpal, and FAMMONT INSURA1a COMPA.NY.a CalifarWa Caparadoe of Burbank C.alifotnia, as Surety, hereinafter called Surety, ant held and firmly bound unto City of Huntington Beach (Ilere insert the name and sddreu or lepl title of Owner) uObligee, hereinafter called "wner, in the amount of Three hundred thirty-five thousand eight hundred forty—three and no/100's------- —----------- ------ Wlars ( 335 *843.00 for the payment whereof Contractor and Surety bind themselves, there heirs. executors, a mir.istrators, sueceswrs and suigns jointly and severally, firmly by these presents WHEREAS. Contractor has by written agreement dated Karch , 19 85entered into a Contract with Owner for City Funded Public works Contract for construction of the Munici�ar, 1 Pier Restaurant in accordance with Drawrn(p and Specifications prepared by (Here wort full name and aAdtcss or lepl title of Architect) which Contact a by reference trade a part hereof, and is her=irufter referred to as the Contract. NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH. That, if Contractor shall pronVily and faithfully perfotrn :aid Contract, then this obltdation shill be nail and void; otherwise it shall remain in full face and effect. The Se -my hrN-% y waim notice of any alteration of extension of tare made by the Ownet. (contiAWd on reverse side) 5414 0 Wtienever Contractor shall be, and dedared by Owner to be in default under the Contract, the Owner having perfurmed Owner's obliptions thereunder. the Surety racy promptly remedy the dzfAult, or shall promptly 1. Complete the Contract in accordance with its lerfass and conditions, Of 2. Obtain a bid or bids for submimion to Owner for compietiog the Contrw in accordance with its terms and condrtiunt, and upon determination by Surety of the lowest responsible bW&t, or. if the Owner elects. upon deternanation by Owner and the Surety jointly of the lowest responsiNe bidder. artange for a contract between such bidder and Owner, and make available as Work ptogrewi (even though there should be a default or a swcmxm of defaults widet the contract or contracts of completion &,rx red under this pwagraph) sufficient funds to pay t1w cost of completion less the balance of the contract pr,;c: but n,:: •wmeding. in ading other costs and dames for which the Surety may be liable hereunder, the amount set forth in the first penWaph hereof The term "balance o(the contract price," as used in this paragraph. shall mean the total amount payable by Owner to Contractor urtde- the Contract and any amend• ments thereto. less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years (tam the date on which final psyment under the contract falb due. No right of action shall accrue can this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executon, administrator: or successors of Owner. Signed and seale,l this day day of Narch .19 (Witness) (Witness) WN Kropfl Constructiun Co., Inc.l al /A— 4-11�-4'Zoe X-1--?—'Z— rrtncrpat Title FrVr MONT DZUKANa COWANV By Attorney-Sn-uiCt Johtt-2. Scheidt. 07,1MONT INSURANCE C )M Y Burti► ink, California ROWER Off' ,VTTORNEV KNOW ALA. MLN HV 7•NENE Pi ESENT& That FAIRD,ION"[ INSURANCE COMPANY, a California Corporation, does hereby nuke, constitute and appoint John Z. Schmidt, Richard K. Rosskopf, Sandra K. Witt, Donald E. Rapp. Oouglas A. Rapp and Richard C. Lloyd of E1 Monte California as its true lawful Attorney(s)•in-Fact, with full puett•er and authority, for and on behalf of the Com• pang as sureh•, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bands, undertakings. recognizances, consents of surety or other written obligations in the nature thewt, as follows: Any and all trends, undertakings. recognuance s, i:onse►nt% of surety or other written obligations in the nature thereof. and to hind FAIRMONT INSUIZA NC Y COMPAN1 thereby, and all of the act% of said AtMmey(s)-in-Fact, pursuant to these prevents, are herebv ratified and confirmed This appointment is made under and b% authonh• tit the t-A:o%\ ing Byla►vi, of thet Company, which Bylaws are now to full force and ?ffei t ARTiCH IV ""%lion 11 ATit►RM 1 1N f •fit t »t► U.1 %1'- flit, ,hAirtnAn tit the t',Ard. the president. the ♦•ece r•t"ident the cliierfinant tat t 6itrl tit 0-ttr trtan .'f rFv ttitrvtratMtn mat ar'r,tint Athttnn •'ln taxi et, agenl4 %1th pOh'er and Authomv a, drimed •t Iir'utrd in ihra tt'•t`rttn r r•ti.rr♦ of it tttrnet f.tt anti tin 1vhAll rf the ctinpiratkin toeth"tutr and dehi er and alto► ike •ea:..t the t .•rr+t •aro,tn ihrrrto hind. undrttalinp retognven.rs. censer,!• tit sutety or tither ttritirn t•hligatit'n. in for natufr thrrt•.•i anti attl .•i .At.t t.h.rra trot rrmrtr ani, •.uih aliornet••in•lact Of Wnt And trwipr thr Cit.rr anti At.thtttoll 4itrn t., lion .•t het ARTICLE IV 14-,twn 11 'tl•rtlti1:11) it, HIND Ant tam f unttrtia►tre it„•gnirAme. connnt of sut•rtyor written C'Nigatiun in tf,r Saxon• iltrrrof .ban h• %a?itf antt t•tndin • I t r.. the turptratton when signed by the chairman of the titiard, the rreaodrnt the t tt r ptr.tdt'ri the t ",If hnan. ia�. i1;.rt .,r thr tit the cofpcirallt)n and du!y allesled and seated it it w..1 t% t uirrd t•>, ihr art trfat% or A.•,.tant ..� tt-tat. or .halt ten a alit and Hndinrt ur`tin the t.�i rAiration when duh rtnuted and ♦ralyd it a -At i• rt-\hilted t•t a del► authotirrd aitrmn on•fxt iv anent, rtursuant to and withir. the !unit% tit tht• authowt ►rartrt; tht hit ,-r het t>,tt.tr of jitomr, This power of attorney is signed and waled by tacstmilr under and by the authority of the following Resolu- tion adapted :w the Board tit Directors tit FA SIONT INSURANCE' CONIVANY at a meeting duly called and held on the and day of O ttihetr, 14SI RE'_*UL.xV) that the m gtwurr tit ant olh.r- authtttize.t !tt the Hi.t.tu♦ and thr ttral rt the ct► Matxin, may be affieed K lacsimile tip an► Fhtt.t•r .•f att.trnr% If .;tonal pit%rt .•1 att.tfnrl kit (ertituall"" tit rtthet g1Yen flit the ruvulton of anv Nind undettAkin tm.-Kni.-Are rton%ent of turrti. tt. oihrt t.tttlrn tthiipintn in the natute thernif, such signature and seal, when ♦at uu•d twin* hrret,t adopted h% the ttttr•..ttatnon ai thr.trtKtrul stRnatutV (11 sort 41011K r and Ow original seal of the t off -ration tit tv t A!td an.1 htndirg upon flit, t otratt,tt►on tt oth tht- ume forte and effect as though manually atf.. tn4 iN WITNESS WHEREOF, FAIRMON7 INSURANCE COMPANY has caused these presents to be signed by its proper officer ,ind its corptirate seal to he hereunto affixed this19th day of [fecenber, 1983 L64 ftl u.a,,'h' aVRA��A' c,r t to���e r0' c r i APR. 10 w � _ r 1670 err ��r r ••.,.v�• to t op t"ret,t t , t 0111 rt—fe'l r t •• 14 OPA - 10 FAMMONT iNSUUANCE COMPANY gr J L Tanna P. i Andley, Secretary OOM) w State of California iti. County of Los Angeles Tanna P. Handle,- personally known to me, was by me duly sworn, and did depose and say: that he, she resides in the State of California; that helshe is the duly elected SeCrAlt'a - of FAIRMONT INSURANCE COMPANY. the corporation described in and which executed the above instru- ment: that he►she knows the seal of said corporation; that the seal affixed to said instrument is such cor- poratt seal; that it was so affixed bs• authority of histher office under the Bylaws of said corporatkin. and that he she signed his,her name thereto by like authority. Subscribed and s%%-orn to me this 19th OFFICIAL SEAL EVELYN C. DENMAN ( O4A, A001121 CQWM MIA" MMK • CAUPOMM MIWWAt OMKII NI M C0&wj11AW lunq AMII ti, i"I day of Dece tt er CERTIFICATION �Ilar�� ublic in and for said County and State. , 1983 . 1. Ptt:ici:s J. Q'Brien the of FAIRMONT INSURANCE C.'O.If ANI'. cert4y that the foregoing po% er tit attorney and the above quoted Sections 13. and 14 of Article W of the Bylaws have not been abridged rr to voked and are now in (till lot.e and effect Signed and Scaled at Burbank, California, tht% SEAL. 4th day of March , 19 85 STATE Or CALLIFORNIA as: COUNTY OF LOS ANGELES on :4-rgi- L - 1:5-gi , before me, the undersigned, a Notary Public of said county and state, personally appeared John Z. Sc-3itafciC , personally known to me for proved to me on the basis of satisfactory evidence) to be the po son whose name is subscribed to this instruiaent as the attorney -in -fact and acknowledged to me that he ishe) subscribed the name on behalf of the corporation therein named as surety and his then otm nasu as attorney -in -fact. Witness my hand and official seal. t . SEAT, 'rotary LINDA D. GOATS •••raw onKt w ra. •wds co+an s{, twin+.. t•Rv�30 AM r f lic - State of California FAIRMONT INSURANCE COMPANY' �iL HU TON T CitY LAttrirns& gy;'Delpty city �►,omttomes LABOR AND MATERIAL PAYMENT BOND Awnrtr tf by The Awminn InetilM of ArrAil w% A.lJL Dean rwA Mfe. A-311 Fdpw y. 111" f4 ien Brar1 *p, SO 003 033 Preesi.uw: Ianluded Note: This bond is issued "ultancoudy with a Performe ce Bond in faros of the Owster comlitiot w for the fvfl and faithful perfortance of the Contract. KNOW ALL MEN 0Y THESE PRESENTS. That we, Kropfli Construction Co., Inc. (Here insert the name and ad less t u� of Contractor) 79 xisteno Avenue Long Beac , CA 803 as Principal, himeinafter called Principal, and - FAMMONT UNISURANCE COMPANY.& CefikrWa Corpormdm of BvYmnk California. as Surety, hereinafter called Surtty, arc Held and firmly hound unto City of Huntington beach (Here insert the name and address or lepl title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of Clas rants as herrinbelow dsfined, in the amount of One hundred sixty --seven thousand nine hundred twenty—one and 5501/100 167,921.50Dois i S '. (Here insert a sum equal to at least uneuf of the contract price) for the payment whereof Principal and Surety bind therriwives. their heirs, executors, administrators, successors and assigns. jointly and severally. firmly by these presents. WHEREAS. Principal has by written 2peement dated !larch . 19 $1 entered into a contract with Owner for City Funded Public Works Contract for construction of the � iY�grr✓•i�ll I Municipal Pier Restaurant in accordsoce with Drawings and Specifications :ncpsred by .. (Heft Mart full rwtm and address or lepl title of Architect) which contract is by referersce nu* a put hereof, and is Ixretrcatter referred to as the Contract. NOW, THEREFORE THE CONDwry ON OF THIS OaLICATM IS S(1,'? . That if the Principal shall promptly make payment to all Clainwis as hemirraftet defined, for all labor and material and or reawnably re"ittd fur use in the performance of the Comtact, thew this obligation :hail be void. atherw* it shall remain to full rorce am effect, w4ect, howeret. to the following caditiorr: 1. A Cl mml is defused Wi Owe1w+rirtg a sect Contract with the Pis cq or with a ;iubcoc Uwot of tint t'rtrtci�ti for irtiwr. rnm"I. of both. coved or t& wtwwMy mpsmd for tires m t1w p lormarroc of the Conimt. labor sad watehal belt ansgriwd to include thrd pin of WAW, ptr., psmar. hot. NW. ail, paolirse. 1410phu t swains of N otal of egnrpntwtt dirsrctly rrprphu W to *f, Car►tract. (WRI w.ea on lf-MN u&) $Jl l 2. The above named Principal and Surety hereby jointly and tKverally agree with the Owner that .very Claimant as herein 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 Claansot. may i.ut on this band for the use of such Claimant, prosecute the suit to final judgment tot such sum or sums as may be justly due Claimant, and, have execution thereon. The Owner shalt nest be liable for the payment of any ants or expenses of any such suit. 3. No wit or action shall be comnwnced hereunder by any Claimant, a) Unless Claimant, other than one having a direct Contract with the P;inapel, shall have even written notice to any two of the following: The Principal. the Owner. or the Surety above named, within ninety (90) days after such Claimant did or performwd the last of the work or labor, or furnished the last of the nwteriais for which said claim is nude, luting with substantial accuracy the amount claimed and the name of the party to *Mm tha materials were furnished► or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by regsstered strait or certified mail. postage prepaid. in an envelope addressed to the Principsil.Owner or Surety. at any pica where an oflicu is regulatly maintained for the transaction of business, or served in any manner in which lull proam may be servW in the state in which the aforesaid protect is located, save that such service mead not be nude by a public officer. b) After the expiration of one (1) year following the date on which Prinorpal oared work on said Contract, it being understood. however. that if any limitation embodied in this bond is prohibited by any iaw controlling the construction hcreof such limitation shall be deemed to be amended so as to be equal is, the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other ixiliticat subdivision of the state in which the Project, or any part thereof, is situated. or in the United States [bow Court for the district in which the Project. or any part thereof, is situat^d. and tot t'sewhere. 4. The amount of this bond shall be reduccis 5y and to the extent of any luytnt:at or payments made in good faith hereunder. inclusive of the payment by Surety of mecitanws' liens which mad be filed of record against said improve- ment. whether or not claim for the amount of such lien be presented under and against this borid. Signed and sealed this 4th I day of March . Iq 85 Witness Witness Krop 'i Constru bu Cu.. nc %Seail Princi[►a! // j f .- Title FAIRAfO'T iNSURA`CE COMPANY By John Z. Schmidt Attorntyin4>r:t 0 MON'T INSURANCE COP*I 'V Hutrhank, Cattfurnta POU'Eit OF %1MI'O1HNEV KNOW ALL. MEN fill' TI#USE: PRESENTS. That FAIH,MiON7 INSURANCE COMPANY, a California Corporation, does hereby make.. constitute -slid appoint John Z. Schmidt, Richard K. Rosskopf, Sandra K. Witt, Donald E. Rapp, Douglas A. Rapp and Richard C. Lloyd of E1 Monte California ato its true lawful Attornv(%)-in-Fact, with full power and authority, for and on behaif of the Corn- pam• as suret\•.:o ex ute and tfr'ltt•er and affix the steal of the Company thmto, it a seal is required, bonds, undertaking$, ree<ogrnrances, consents of surety or other written obligat:ant in the nature thereof, Its follows - Any and all bonds, undertakings, recognuances, convents of surety (it other written oNigstkwu in the nature thereof. and it) bind FAIWONT INSL HANCF: C-0.%il"ANN, thereby, and all of the act% of said Attorney(s)•ia•Faht, pLrsuant to these prewrit-• at- here1w ratified and confirmed This appointment is made under and by authorit\• tit the tollom, trig Hit1m. tit the Company, which Bylaws are now in full force and effik-t ARTiC H i\ 4t•ttn,n 11 i ; e 09\1 )-IN I \t 1 \e.l% \(.I \ 1 � l!-I , hilrman -I tht N%atd. the Fteudert the vice mmdent the thief finjn, ial ,,frier ,,r tl,e w, n tar% .4 tllr rut af,f%mit attomr-'b•u% fjKl ter aMty withfitn+rr Jul h,'rit)t a% til'ftnej .,- IIr,•II'd In '.ht•IIto IIV % t t 1'.'%%1 fe ,-f aff,•f'tr % t,,t Ar,i i'n tee hall (if the 0'rT nmIkin to rtttrutr and delnr.r and all-, tltr •q.I! ,.l N,r t , rf,,tl!a•n !I,rtrt,` I%,n,f, U11,41TtaiMe% I"v nijAm". ((-nvrnth tit sutt-tt' or ,ether %%r)tIt* n ut'Ito;Jft, n• In I'•i - .1•W, N,ett.d .I,:,i Ant m %J,' . art• n1J% rem.,%t am •u,h mt,Imes- in•f ht or agrnt and rr%t)lr thr f%,Iarf Jr,A et. n, nth ►;,ten t, It.•r ,,i l•ci ARTiCLL IV '+e•-.tn,lt li At tllttliil` Ili 1+1\0 \r.t t%,•tid ur',itttiliw; iv\,,gvvan,r. tune.?mt (It ♦uretr Or MTh"ett OHIAAla-n to (fir nature 111f tt'-•f .Fail 11I' %.111J Jn,t t ,�,lir, ,t,.,, ,lit ,.•fl'•,IJ!n,Ti %then •1rnteJ to the chairman (if the txmrd vile f+rr•,drnl the %1,t' N••.-;._,i1 !lit• . n1vt Imin, ,Ai nil, I, .•r O'l •1tll!Jf% ,If tt%r'v(rL4&ix n and du!v attrlttrd anti wal4rd J a wal -% rr,lulft-J t'. the 4•,rt IJr% ,,l J%,I,t.lnt •e, frlJf% .-f %hill l r %Jllit and hindtrig urt1,•• Ili! (tW';xvtalWn ,-hen dull etr%ufrd an%i %I•A!r,l It A ,ra! 1% rryl,lrtd h• .I ,tui% Jul1•nrt:r.: att,,rnr% th•fa(t or agent pursuant to and ►.;thin the :.mtt% i-I the auth,-n!% ortJrtril P% Ili- •,I t-tI I •f Att,-tnt% This power of att"arncey is :Igned and Iei-led t%\ ►,it -•+code tinnier and by theauthority cif the following Resolu- tion adopted by the Niard (it hire( lor% tit I•AlltMOV I\SUIZANCI: COMPANY at a rriteeting duly calleta and held on the Ord day tit OvtoN-r. 1481 RFI;01.\'Ft) that, the %1►;natu►r ,It ant ,+fll.ri null ,oi -A h% the !i%la%.• an:! the w11 of ihr wrfx%tat►on, mar• be ativied b% facrtmtll' to ant [%,%ri „ i itwind-% If t-r n %J! 1, -ttrl ,•I Allowv% +,t it-titlA ition Iry vither given its the eiticutrin of am' hnid. undr•rtalln h• rt,, t;n,a �n.e „t i%, rt ,d %u(,'t% ,•t -•thrT ►%IW4 n t-t'Itgamin in the nature thirmit, such tuRnature and oral ,- hen %11 u"e1f vein* ht•trt•% ad, -bled F% tht t •,rl%,Irat► 'r A% the Lift �1 1nil %tf;natuir tit vu(li ulficer and Ow onRtml .cal of thr tlah-fatt,�n I.- N. %alld and t-mAin} upw- the •.Ifl.•ra110" ttlth thr ..Arno- htrtr and rffect a% though manually affited iN WITNESS «'NE:HF01'. FAIRS1t. NI INSURAN E t'C SIVAN) has caused these ptittsents to he signed by its pnifwr officer and its corfx1rate •eal iti bee hereunto affixed thts19th day of December, 19V3 /w►1Aa111 R. a,r i APR. 10 } w� 1.970 Ar ' `hIIIMI/t:tel v,,.wJ " 1. % l twit - to FAIRMONT INSURANCE COMPANY Ry 5t�t%sturr Tanna it. llandl;'y, Svtrvtarj fovet) State of California County of Los Angeles) Tanna P. Handl a r� " penally known to me. was by me duly sworn. and did depose and say: that he she resides in the State of California; that he/she is the duly elected Secretary of FAIRMONT INSURANCE COMPANY. the corporation described in and which e)[Mlted the above instru- ment; that hershe knows, the seal of said corporation; that the seal affixed to said instrument is such cor- porate seal; that It was so affixed by authority of hisrher office under the Bylaws of said corporation, and that he she signed his,hrr name thereto by like authority. Subscribed and sworn to me this 19th OFF ICIAI SCAT EVELYN C. DENIHAN womay Knuc • C&AM MOA MittGrt�t t?tr1CR rN ws aratus COtmr► irr CowM SGXM [Anau As21e IX Row dev of December CERTIFICATION oe otary ubltc In and for said County and State . 1983 1. Patricia J. 0 Brien , the a s ank S�Tcrgt:� ry of FAIRk10NT 1.\'F.URAtiCF CO.NIVANN . certtfv that the foregoing power of att,-rnc%- and the aKive• quoted Sections 13 and 1.1 of Article W of the Bylaw% have not ;+ren abridged nr ►-vokvd and are nmv In full htrcc and effect Signed and Sealed at Burbank. California. this SEAT a/# ;mac ;t f APR. 10 .a • )STO S CA lfill� �,'yN`, 4th day` of March Title *TAT; OF CALIFOMf1IA as: COUNT r Or i.-s AMGZL LS on�4.irch 4. 1985 +, before as, the wdersigned, a Notary Public of said county and etate, personally aapeared .Ichn Z. Sc!mI t • personally known to me for proved to as on the basis of satisfactory evidence) to be the person Mhos name is subscribed to this instrument as the attorney-in-fict and acknowledged to me thAE ha ;nit subscribed the namm on behalf of the corporation therain nesed as surety and his (bar) own name as attorney -in -fact. witness sry l seal. �1 SEAL LOBA 0. MATS E�� Mot.arr blic - State of Ca:ifornia ti 5.114 r�• APPrdY, 0 Y0 MM: FAIRMONT INSURANCE COMPAWIL F�iT01, city Attorr,nT }1} : DoP Cit ltttaruo'j i4WW N0. SH 003 053 PERFORMANCE BOND Approved by The American institute of Arrhitects A.I.A. Document No. A•311 February. 1970 Edition Premium: $4030.00 KA'OWAL L ,NE'.VBYTHESEPRESE.M.Thatwe. Kropfli Construction Co.. Inc. (Here uuert the name and addtets or legal title of Conttactut) 79 Ximeno Avenue Long Beach, CA 90803 as Principal, hercinafter called Principal, and FAIRMON1' INSURANCE COMPANY,a California Cotroration of Burbank California, as Surety, hereinafter called Surety, are held and firmly bound unit► City Of Huntington Beach !Here insert the name and address or legal title of Owner) as Obhbee, heretr.after called 0%net. to the amount of Three hundred r.h irty-five thousand eight hundred forts -three and no/100's--------------------------- -- Dollars($ 335,843.00 for the payment whcreof Contractor and Surety bi-nd themul.es, their heirs, executors, administrators, sueceswfs and awg.!s jointly and severally, firmly by these presents 411EREAS. Contractor hat by w!ttten agreement dated Mareh , I? 'L5entettd into aContract with %*'-.Ynerfor City Funded Public Work,; Contract for construction of the Nttniciprt' Pier Restaurant in accordance with Drawtnjla and Spectfice, ant prepared by .,.,,.. (Htre tnaert full name and addretrt or legal title of Architect) which Contract is by reference made a part hereof, and is herernrifier referred to as the Contract, NOW, TNEJREFORE, THE C ND1T10N OF THIS OBLIGATION IS SUCH. That, if Contractor "I prurrrt.tly and faithfully pevfotret said Contract, then this obligation shall be null and s-od, othttwise it shall remain in full fortt a►d effect. The Swwety hereby waiv" notice of any alteration of extenston of tune made by the Owrntr. (continued on tertrrJ4 aide) 1 .0 1 Whenever Contractor shall bc, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obliptions thercundtr, the Surety may promptly remedy the default, or "I promptly 1. Complete the Contract in accordance with its terms and conditions, or 2 Obtain a bid or bids for submission to Owner for completing the Contract In accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon detertninat►on by Owner ar'r! the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make arititable as Work progresses (e%en though there should be a default or a succeuton of defaults under the contract or contracts of completion arranged under this paragraph) sufficient [tends to pay the cost of completion less the balance of the contract price: but not exceeding, including other costs and darn>lges for which the Surety Wray he liable he =under, the amount set forth in the first paragraph hereof. The term " bal,rnu of III'! cuntract price." as used in this paragraph, shill mean the total amount payable by Owner to Contractor under the Contract ind any amend- ments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (.) years from the date on which final paymeni under the contract falls din. No right of action shall accrue on this: bond to or for the use (if any ptrum or corporation other thart the Owner narsed herein or the heirs, executors, administrators or successors ofOwnet Signed and sealed thin 4th day cif Narc'i .,_. JP a5 (Witness) 1Witnns) Kropf 1 i Construction Co., Iric. �rincipai ` Titlt F / F AA01 ', t t.4SURANILT. COMPANY By Ationiey•ir.• act Joht Z. Schtaidt. F.4..ANIONT INSURANCE COMMUIV lllutrb,ank, C&IIf'omla+ PMEH OF AT'l"OHNEV That FAIRMON1'T INSURANCE COMPANY, a Califomia Corporation, dues hrreby duke, constitute and appoint John Z. Schmidt, Richard K. Rosskopf, Sandra K. Witt, Donald E. Rapp, 7ougla$ A. Rapp and Richard C. Lloyd of E1 Monte California as its true lawful .Attomey(s)-irt+ac•t, with full ptn,er and authority, for and on behalf of the Cbts,- pany as su:et•, to ere•:ute and deliver end affix the seal of this Company thereto, if a seal is nquimd, ternds, undertakings. rec ogn►zances. consems of surety t►r other writien obligations in the nature thct•-1, as follovis: Any and all V%inds, undt-ttalirp, comertti of surety or other a.-ritten vNigations in the nature thereof. and to bind FAIRMO T IVNUIZAX I• W`•f11;A\1 th-eteby. and al: of the acts tit said Aizomey(s)-in-tact. pursuant to these prewnt+ are hers-K ratitted and cotnfirme•d This appctintrnvnt v. made limier anti I,% authont' ut the fuilin,ing Hylaws of the Cornpany. whkh Sylatvs are now to full force anti effect ARTICi.I 1% 4ttwn :1 11'ttiR\l I -\t ' AMI tt.I t:l,- Tht .hiam.tr. of the hard. the prrildent. the vtcr pre�tdrnt, thr.h rl �inan. iai {il.r- .•t t}•r �vtmlaT% 4 t1'11 — TA.rati.•n r.:a•. Al'l"-In t aIt, Irnr.1+ In•tatt or Zgents with Ev%*" and auIhtit.1% a1 art,nrd .it hrnitrtt ri 144-11 rr,lv't':%I of Itll"rtt 1 t.•r,;nu tVl h-half t1f the CovjNw&1Ntrt ttlrRKutr arts drInet and athit thr Arai , t !!r .•I thrlrh• (♦•n.1• Urt.{rrT.11ltlg•• rrwgn11ar,,4v*, convent% tit ►uret-, or I1thCt 'AT11trn .,NIA.1h.•011 In thr natwi I t it,'f an.t 'm% r ,a, ! ,.'t.VT% t•131 rrn't0%r ant hut atiornn. tr1•tata of Apni ,1nd tr.trlr the trtl,rr .t,•.J l:.rh••ta1 t;rttr. t,, him or t.,t ARTICI.E. IV 'wttn,n li A( 1110RIT1 TO HIM) 1r.1 N.?"I rnt•t;ntran.r tamcnt tit •urrrty Lit w"Iten iIbhgatlon In the nature -hrir.i{ .I+a't h- 1 ali.i And h,n.lin; .1FFr, the totporatr.tn t. hen \fRnett H the chatrman ter It* h1a:d the pre,tidrrt the t ♦t l,ie%idrnt thr .h,t t titan, tal'17., T ,it the o) the t1t7T•lttatll-n •ltld did)•,tinted and seaied It a Veal It re tilrt•tf !-Itf•P V I,It 1.111 Of at•.W.1r' Polar♦ of %,%All tv 1 aot at• llnd njing ul1!Nt 1IM• CtWrpt'KatN1n ,Ahen dull' irtimuted ant tralyd ii a •r.l! ,, rt'.)t crud t'% A Jult aulson/ed at}tlinrl to Pitt ,+t altrnt. p 4rwani to arltt within t'1e limit tit the awh,,nt► Kr.lnttj t-t h:% of her ,f rot.-rn.t This power cif attomet• is signed and .t .tit 1i hv fac,imtY under anti In, the authority (if the following Resolu- tion adored by the Huard of Dtn•t t11r• its 11tiL*RA.N('F t'. OMPANI at a nivettng duly called and held :•n tht Ord day of Octolvr. 140 RI 1401AT V that t►r •:enatvtt , t 4t11 , tit -it d h•. rho fltla•.t and itty tt•a) of the ttxptMat-on, rtuv tie Affttr\i h% lat bl fit I l,• 1.) Ar.1 P "t r • t Illofnt•1 .•t ilpe. 141 IN'%%of. .t At Ior I w I t'r trMN'sI hln IIt either Kn'tn fur ttte R1ft'JI 1 Of ant hind untrttit in •r,,•rn.lantt .,•n%nt of %wrtl , ' ..tht'; t.fairn 4-Higathtn In the nature lhemit. such rltgnature and oral tthrn %I utt'l tlrint; ht•rr•th1 a.lopted th thr tt•tf.va}n,n at this ors 1(131 wrnaturr 111 auth t)tl►crt and the• thivutal seal Ut the tt it,%rration Li S, t a'nt .1nd thntilnl; tlf%`r, t!.t• ,;�rf\+fdtI.,, t.t!h �t tjmr fl,rtr and etfr•rt at though nunu&Vv afft d IN WITNESS VVIiFRr.OF, F,11Fi., ONT INSURANCI: (-OMPAN1 has caust•ci these presents to be Mgned by its proprrr officer and is cot-'wmat' wal to he• hereunto affixed thin 19th clay of December, 1983 .� 40 4 CK; APR.I� i ti 19Y000 ', '4 •,r 1C, CA AL L If ��tttattttiet f.r w-0 .,• t I A SPA - 10 FAIRMONT MURANCE COMPANY ar d6Y ,X l �t v /�. NYC "+tKnafurr rV� Tanna V. Itandley. Serretan 40v* l State of califomi,a )ss. County of Los Angeles Tanna P. Handier , personally known to me, was by me dull' sworr1, and slid deposO And gay: that he,she resides in the State of California; that he/she is the duly elem-j �Set*>=p,..ti y. a; FAIRAKW'.0 INSURANCE COMPANY, the corporation desc.ibed in and which executed the above t jstru- runt; that lie she knows the sea, of said corporation; that the seal affi%ed to said instrument is such cor- porate seals: that it was so affixed by authority of his/her office under the Bylaws of said corporation, armf that he she signed his•he'r name thereto Ivy like authority. Subscribed and ii%-orn to me this 14th OFF ICI At xtAL �NJLI'N C. DIN114AN ►AMCmAt MCI 04 tcs AWwras COWIM tt911 COoOCAitOM 1APIUi MCI 12. 1!N day of December CE RTIVICA''; EO?: 1ru rtar�•bfic to and for paid Count v and State. 1983 I. P.> xi::lsi t�� . n . the of FAIRSIONT INSURANCE.* CONIVA.NN . certify that the toregotnE• power of atiornr% .end the ahrive qurtcd Sections 13. and 14 ut Art►dt- W of the Bv!.%%v5 h.v--e not been arbtidged or re%vked a1Pd are now 1n (till farce and eltect Signed and :,caled at Burn init. California. tiers SFAt w� i cr f APIL 10 �• 19TO ,�,k�lt,lF t►� bth stay of Match , 19 85 Ti►1c. .f SU?= OF CALtro"61A set coup" Or LOS Lis � ' � arch �.. 198 before no, the uada:signad. a Neta:y 7u:)i:c of :d �*y alets state, rerson*lly appeared John Z . Schmidt , psrsc.raally know to in for prow to an on the basis of satisfactory evidence) to be the person who" nara is subscribed tv this instruasnt as the attorney-+n-suet and acknowled"d to cis : brr t he i she) subscribed the mare oa behalf of tho ca:Fsratien therein named as surety and his (her) tw nomo as attorney -La -fact. witness A r4flcill seal. SBAL MATS tern �..."'►�kT matary Public - Stste r s-112 TnCYra AS TO MIXXgo Gh1L d:. -, City A+tterre� 'ipy. FAIRMON'T INSURANCE COMPANY rAy: LABOR AND MATERIAL PAYMENT BOND Appnrad by The Amerim ImOlule of Architstrts A.I.A. Doarrtn+tnt No. A•311 F&Av ry, 1970 Edition BOW No. 511 003 053 Premium: Included Note: This hoed is issrted simultaneously Willi a Perfrnrmit.ce 8(md in fax)r of the Owner cart-dil tmed frtt the full and faithful performcnce of tilt Contract KNOk' At 1. MFN BY T1/ :SF' PKf_:SF',Y7:S, That we, Kropfli Construction Co., Inc. 0lerc tnwro ncc nacre and addicts or le t' tit Cor±ttac.100 29 Xineno Avenue Long Beach. CA 9W95 as Principal, hereinafter called Principal. and FAIR.%10.%'T INSURANCE COMP.t1NY,a Califxais Cotpcxation of Hurlsank California, as Surety, hereinafter called Surct%, :tic held and firmly hound unto Cit'r of Huntington Feach Illete insert the name 3r.+1 address to ItIai title of 0%iwl as Uhlrgcc, hereinafter called 0*ner, for the uw and benefit of Ctarmint► as I►etcinhelow defined, in the smount of one hundred sixty—seven thousand nine hundred twcnt.�--one and 50/107 167,921.50 1 AIMnIS ..r......__r...1, (licte +n%crt a sum etlusl to at It•ast one•Isr,lf of the contrnc► price) for the paym%nr whereof Prtnopil and Suret% hind thetmOves, their heirs, r%ccuiott, rdmtn►stratuts, succetuns and Yssrgns. )tis+ntls and sesrrall► , trrm,l� b% these presents N'IIFKE.'AS, Principal has by s•trtten a);rrernent ;tateC March iv_? entered into a :oatiaci with Owner for City Ft,nded Public Works Contract for construction of the Municieal Pier Restaurai t in accordance with Drawrr>p pnd 5pe:rfrcattons prepated by (litre insert full na.rne and addtess or lepl title of Arclwerr) which cun!ract is by reference ;made a pzrt heteat', and it hetcrnafter rcietred to as the Contract. NOW. TH£RE.'FOR£, THE VONDMOIV OF THIS OBUG.I TION IS SUCH, That if the Principal shall ptimnptly make payment to ail Claimants as lierernsfiet defined. (tit all labor and material used tar reasonably rtyuited fur use in the performance of the Contract. then this Aligatton shall be void. otherwise it shall remain in full force &W effect, s►,+bjeci, however, to the following conditions. 1. A Claimant is defrnnl as one having a direct Cuntmct with the Prrncrptl of with a Subcontractor of tine Principal fist labor. material, or both, used vt ressor%A4 requited for wee to the perfurhtutce of the Cootts ct, labtx dial wmterW WWI conslrutd to include that Po,:t (if crater, &K. pricier, I*ht, hurl, orb. Ipsoi w. telephone t+e"Wt in 1tct141 of esyaipsliont dae+ctly applicable to the Cuttiract. (coati"WA on fmrw tie) I 01 t 2. The above named PrmcipJ and Sutrtty hereby jointly and severally egret with the Owner that every Claimant as herein defiiwd, who has not hien paid in fag before the expiration of a petiod of ninety (90) days after the date on which the last of such Clainmrit's work o, labor was dote or perfcxmed, or materials were furnishers by such Clai nbat, May an on this bond for the use of such Claimant, ptosecute the suit to final judgment fo% such sum or sums as may be justly due Claimant, and have execution thereon. The Owner shall not be liable fr r the payment of any costs or expenses of any such suit. I No suit or actiaa shall be commenced hereunder by any Claimant. a) Unless Claimant, other than one having a direct Contract with the Principal, shall 1`10f even written notice to any two of the follotving- The Principal, the Owner, or the S-irety abo-e named, within ninety (90) days after such Claimant did of performed the list of the work or labor, of furnished the ast of the materials for which said claim is made, sating with substantial ac uracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by madsng the rime by repsteted miul or certified mail, postage prepaid, in an envelope add::ssed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of buuncst. or served in any manner in which legal process may be served in the !fate in which th - aforesaid project is located, save .hat such wivice need not be made by a public officer. b) After the exp:ration of one ( 1) year tullowing the date on which Principal ceaud work on said Contract. it being 1.161dresio od, however. that if any (imitation embodied it. this bond is p: ahihited b� :ny taw conliolhng the construction hereof .uch limitation shall he d:enied tL he amended %o as t, be equal to the minimum peticxi of limitation permitted by such l;iw•. c) Other than in a state court uf�rrmpctcnt lunsdi-.1ion in and lair tic count) of other political subdimtion of the state in which the Projcct, or any part thrretif, is situated, or in tnc United Statcti District Court for the district in which the Project, cif any part thereof. is utualed. and not elsewhere 4, The atrxiurt cif this bond shall he reduced by and to the extent M any pa►inrnt air paymtinis made in good faith hereunder, inclwive of the payment by Surety of mechanics' hens which nia) tie filed of record against said improve• ment, whetK.r or not claim for the mount ,of such lien bt prevnied under and against this bond. Signed and scaled this :th Witness day of March _ .19 85 Krtipf onst ruction Co.1-7 r r '(seal ► Titleleee FAIRMONT INSURANCE: COMPANY John Z. Schmidt Attorney-in•Fact 00 V.iiii MONT INSURANCE COMI&V Burimnlc, CallforvtiEu PiOIVEK OF AITORNE ti NOW ALI. MEN HY THESE I'MrrZENTSe That FA1R11IONT INSURANCE COMPANY, a California Cor;vration, does hereby make, constitute anJ appoint John Z. Schinidt, Richard K. Rosskopf, Sandra K. Witt, Donald E. Rapp, Douglas A. Rapp and Richard C. Lloyd of E1 Monte California as tts true la%%ful Attorneys) -in -Fact, with full Fwtrer and authority, for and on behalf of the Com- pany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal iS myulred, bonds, undertaking~, WCOg izances, consents of surety or other written obligations in the nature• thereof, as follows, Am' and all Kinds, undertakinp. recognuanct., con.ttitc of surety or other written obligations in the nature thereof, and to bind FAIRMONT iNSURAXCi= COMPAN) thereby. and all of the artoc of said Attorney(s)-in-Fact, pursuant to thl-se presrntt are hereh%• ratified and confirmed This appc.intment is made under and bv authonty tit the tldlim ins; Bylaws of the Compaity, which Bylaws are now in full tone and eftect ARTIC:.f' IV -w,tl.m I I •NTTI'•F\1 1- 1\ I At 1 AN.D A( J \ I', The ..i-AdfIlAn it the h%Aid, the prreldrnt• the vice preildrnl. thr thirf fin-tnt:.11.4ia of .•t t} v %et tr:Art , tht .. •tip rah.•n ntA% arL.tint Att%+tnet % In fAit to agents utth F%l %rt and Authotltt a% detme,d .•r llm,•ed Ir t!•e,r . -%ht, tit t 1v +. rr. ,•t au,•tnrt tt•r in ten t%r lull /tf ,hr I or it .2 u1 to el<ecutr and &h%rt and A'ht the %Pal .•I the t ••IT+.'t.1ticrI rt71 r••!,• h•nd% und,ttAl.ing% troognuAniri cottwnt♦ tO t.urrty at ttthet %%r)ttrn t`t•Ilktth•n% in !hf ,!Ivrl•, f an.t An% t•t -t:.l .'f ru% rrnl.t%r Ant %u I- Alt.trttri•in tact Itr Agent anal rr%ul.r the pot.rr an.f auth,•r•!. t;rtt•rl t-. hint Of lwf ARTiCLE 11.• ',rown 14 AL•TifkWIT I it) 14ND %I%t N• d •,n.t.-1.4ing rr%.thnuArkr ctvnwnl tit rutrty of written 4)h11'Atum In the nature tTwro-,I( %ttin N- %a5d .%n,t hv+.t;n4 uh n !i!,• %rrl+towwn l%hen %rl~ned b% the ehatttnan of the turd the prr%Ideru the %ar rrr%tdrnt 1ht .htrt ilnan.IAI .'ttarr .•r the %etretAt% tit the it poiratorh And d'•.ty Attested and sealed. It A wa3 I• re urte•d t-% the wt rrfar� ..r a%%,%t.lnt ..,t mart .•I %hall htr %Al,d And binding upon the [tyTniratutn to hen dul► r.rtutetl arils v-AN-A tt a irYl 1\ rv%jMI1•,1 t1% d •full Auth.IrUr,d atf,rrnrt In tail Of Agent. punuant In And Nlthla the llmtt%.•f tt•t Juttl.•ntt ,;rJnr.•.1 h, t.t% . , het i,.tl „f Att.•rrt.•t This r.iwer of attorney tit signed antf St'alrtf b\ ta�.u1111t. tinder and hv the authority of the following Resolu- tion adopted by the Board tit Dtrtti!Itrs tit IAIRMONT INSURANCE C'OSIPANl• at a meeting duly called and held on the Ord day of 0,tt•tvr 14SI RI tiC1L': E D the! the %igrantrr A Ant t'lhe rr t+% the N%4st. % Arid the %eAl tit the tlt"nAlkim. trial' br Altuted b♦ 11AtHmilr hl ant f%t ut er ,4 Ali,•i no, .•r tpv%LA) Iti •t%et .•t All%it i%t'% it, twif 1, atl-In 0 either Ott rn htr the necututn tit ins tvnd undrrtal.InA ..•rlwvl .•t %urt tt .•t •this? 1%rllll'n ttt�llhAllim In It,r nJlurr thertt~tl, iuth tltgnaturr and wAl %hen %tt u%r%1 tv•tnK ht r, ht J,1.•1+ted t%% th...•th •trtwn J% thr I+fI --InaI %Ignaturr tit •uth olt:crr and the onutrtal will of the lltfp.•fah.•n 1,- fe t.111%t Jn.t h.n.d'.nt• tjpq n Its, ,..!1%•tItl.Ift t%Ith rile %anus it•tte And rltrrt 4%though mAnuAllv Athtted IN WITNESS WHERf=t1f••. FAIRMON'T INSURANCE COMPAN) has cau. d these presenit0c btc otigned by its proper officer and Its %ors orate 'm be hereunto affixed this 19th day of December, 1S93 FAIRMONT INSURANCE COMPANY lor ZrzrX eL L/-) A14'ex-d4—t `+IRnalurr ~••��~��� Tanna 11, Handley, Secrrtad� 110"t1 SPA • 10 Stator of California as. County of Los Angeles Tanna P. Ilandl g_ — personally known to me, was by me duly sv--orn, and did depose and say: that he,she resides in the State of Califomia; that helsh�, is the duly elected —Secretary of FAIRMON'T INSURAIN E COMPANY. the corporation described in and which executed the above instru- ment; that heishe knows the seal of said corporation; that the seat affixed to said instrument is such cor- porate seal; that it was sr affixed by authority of histher office uader the Bylaws of said corporation, and that he she signed his -her name thereto by like authority. Subscribed and sworn t1, me this 19th day of December OFFICIAL. SEAL nlh EVELYN C. DENIHAN ►IOIAMT mmuc • C'U1000" "1WW 1 C1fT1CI IN LOS A, IUS COVHW W CQ11A1tSi10N ti/iY1 Ii+�ll 11. IMi CERTIFICATION Iitary ublic in and for .aid County and State. , 11983 . 1. Patricia._J. O'Brien_. the �s� sent Secretary _ of FAIRMONT INSURANCE COMPANN . certify that the line ping po%%er of attorne%' .+nd 0he abot•e quoted Sections 13. and 14 of Article lV of the Bylaws have not been abridged or revoked .1nd ate now to full force and eftivt Signed and Sealed at !Burbank. California, thic SF AI. 1 tisv'.,,, Fs11 • r 0•������a .i Cd APR. 10 .c: 19TO CAL IF • 60106M11110%`•,' 4 th da%• of Mach Titlli..L� . 19 85 1/ar�. rJ RffU1tN` O; CERTIFICATE OF INSURANCE 16 0" mood aamftm. City of Hw cM B.w h _ TO no 1*ml+rM1rM . C11" trM11l Inns. A �' Ufle 0 CITY OF HUNTINGTON BEACH, CALIFORNIA P. ().11*1 19i1 nvl .'� i8r";F4l W !iwit, CA 9S64 A IIRNUCWAL 00014 ti1AATM "I'W it fr• t+arINY ttlrat *A Millis+ ai inweem a 6tftd below hm It+m imW to tl 0 h NOW IRr Oho its 01`0*rM Bala 40010 Mwrliw► OI *4 0110. If Om peftise an awAd d er dwWA in am* s IIIIMI w *a will ~ We Illrrti left An i1M1tr1alln orm w Oft le dro SniOr s'reil 0-1-6 #ir Omit, a f�iilj M' M�Ilflelsst IllraMi. w. O. illeft 71 t. Miwt1610 rw 1sOi1, t;. rrwk 211M AL L ITEM MRJis't" U COWLETEri. ANY DFLETON 04k CWJM IN 7102 POW SMALL. K SIOWD Aliit't DATED AY Alit AUMMZW 1I`iif' MmTATiVIE OF Tt1E IIifSURAiMM CQWAMY AND tMIW be AF M10YEn IN IrAITING GY THE CITY ATTORmy. Now of It"Wed KROPFLI CONSTRUCTION CO., INC. Adlirmof Il-wwl 79 XIMENO AVENUE, LONG BEACII, CA 90803 l�UNICIPAI. PIER RESTAURANT, HUNTINGTnN REACR s CA Latati+ols ai t� w Opntiestls to be yrsrlei wwsr �...,. ......__,....,.�...._ DatlAPtim of Work or OpratisC 211 t'LZ R.0 T 10.L— r� .........�..:it"'.. I.NllfU OF LIA&I ITY NAM Olr COWAMY i11won _....M.�_ vxpk Ww POtJOES IN FORM mICY NO. ra IbmwN is IVA t(Ntli i OENINALLIMILITY GLW 36 35 9/10/84 9/10185 VEST AMENICAN 23 INSURANCE COMP` jXf COWfIF.HENSIVE FORM *yt ( PREMISES - OPERATIONS (1 EXPLOSION AND ` COLLAPfie HAZARD 11 UNDERGROUND HAZARD t X PRODUCTS COMPLETED OPERATIONS HAZARD IiI CONTRACTUAL INSURANCE (x BROAD FOAM PROPERTY DAMAGE 14 INDEPENDENT CONTRACTORS 11 PERSONAL INJURY AUTOWMILE LIABILITY (x COMPREHERVVEFORM GLW 36 3 9/10/8' 9/1G'!!4S NEST AMERICAN 2 3 d 5--- 0---- CSL INSURANCE COMP i 7� OWNED t4s11 Qt+wrrmrr IX HIRE0 ( j NON -OWNED FXCES11 LIABILITY It UMBRELLA FORMA i (1 OTHER THAN UMBRELLA FORM WOR%0 r COM►ENiAT10N and EMiVLOYERT LIABILITY Additional Insured Endorswmnt The insurrr agrees that the City of Huntington Beath " its Gty Council, and/or all City Council appointed groups. commit tes, commissions, boards and any other City Council appointel bod•r, and/ot elective and appointive off►tert, % winti or err.ployves of tM City of Huntington Beath, wtwn acting as Much are additio-dl insured% tw*%mdet , lot the acts of the insured, and such inswsnca shad be primary to any insurance of th-v City of Huntington Beach. at their interest may aqua►. Ome c A K I. l..." — -1- 7 0.�i � AUTHORIZED REPRESENTATIVE OF IfIMRANCE COIi1 &%Y INSURANCE COWARY WEST AMERICAN 1NS. CO. XY ROSSKOPF. RAPP b SCHMIDT INSURANCE P.O. BOX 7 60 (84 5 EL CENTRO~ : �.,. �C"y _.:. ittr5 E M E A D, C A f� SOUTH PAsA HOLD HARMLESS AGRiIEIMENT 1770 Ioa be eoerAw by 4Mlal, A The isltwGPM » wl111110 . d1ft0sf, 011140114WY, S M . WW NOW 001 West t1M CkV Of Ifirl*inEtasll &a* Ot N "WM. aveoita, OW s+Opier ll 2011110011 may 111bility, Isaa, denaP. oft, art #VOW by Psssn 0 my and ail OW110ley. suM. &4m. an M N ifl sa1rl►,�Ilstwa tIM fR7 i�OlitGalli w htitl�hb t+Ita �fiIA MBM ri' k"W "rae is Nlsrwl h", 011) is�ts Pti+l�►iiaea+Mr41 IS'1 t firall 7j�� t.4rrt�r) - (As $o ww ate be NnwMiA e+r 1v1 A rV1. .. { bolow MIYw�r, C—tt ,C*t- ao* wrIN 1 1 0-S; rllii'r./its .r�r i.� ..r.i�!`.arw•ti.iw..�w.wr. �♦ K. Krti 1 it bpi. Two owes* WM 44R. W pmew vwaw► ' of M* rI V*" M 66W Co ps•son . NY ANY STATE P.O. BOX 907. SAN FRANCISCO. CALIFORNIA 94101 cof+wVe"SATIo1V 1NaupAftr4ca FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE Mauch 6, 1985 POLICY NLRAER CERTIFICATE EXPIRES r- City of Huntington Beach Dept. of Public librks 2000 Main Street Huntington Beach, CA 92648 L 44-84 #4507 10•-1-85 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy periA indicated This policy is not subject to cancellation by the Fund except upon ten days' advance written not:cc to the employer We will also lhve 1uu T'EN days' advance nonce should this pe1scy be cancelled prior to its nointal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the cove+ap Oforded by the policies listed herein Notwithstanding env requirement, term, or condition of any contract or other document -Mth respect to which this certificate of insurance may be issued or may pertain, the ins:xance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies a S. Ot h 1 r- �A EMPIoyEh KropfIi omstruction OaTpany 79 ximervo Avenue tang mach, CA 90803 ." 1► I^:!,: I'll • 411 1 1 1 :•. , Orry or .-OMMMARTMEXT COIAMMICATM ROM'T J. VKA044 O"f A�ritlr►o llMr'wk� lf�fArl111�I1t 1 a� l�t�ytion CC Fm^ ACCOIII►t ING & k6C.OlttAi Cate 11. „ ,rf - M The conformed copy of the Notice of Completion for the above contract has been filed. The thirty -live day waitirg period has elapsed. Payment of the 10% retention payment is recommender so long as no atop notices or outstanding invoices are on file with the CItyA a 1 certify that no stop notices are on file on f, ~' Z kcaG Date. the subject contract at this time. Public Works Department I certify that no atop notices are on file on the subject contract and that a guaranty bond has been filed. K r Dates10 • Alicia entwortCity Clerk i cor^tify that thert are no outstanding invole 1187) City of Huntington Beach Department of Public Works P.O. Box 196 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title V11 of the Civil'Rights Act and Equal Employment Opportunity Act )f 1972 Gentlemen: The undersigned, contractor on CC-fE5 Nunicinni Fier Restaurant Proaecct No. Tit e hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen ing work rates no that the trainee training and guards employed by him or by any subcontractor perform - under the contract on the project have been paid wages at t less than those required by the contract provisions, and work performed by each such laborer, inechanic, ;apprentice or conformed to the classifications set forth in the contract or program provisions applicaole to t�;gwage rate paid. Signature and Title 11 Vr J- F'-(-s ident J ITT OF HUNITINGTON ENE.''H 200D MAIN STREET CALIFORNIA Pau I E. Cook Director February 19, 1986 Mr. Walt Kropfli Kropfli Construction 79 Ximeno Avenue Long Beach, CA 90803 Dear Walt: Public Works Dep rtmerR t71 4i 53e4M1 Company, Xnc. y Subject: Municipal Pier Restaurant and Police Heliport Facility 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 Heliport project is not acceptable because the coverage is limited to $36,265.60. Please note the contract documents require that the contractor furnish a one year guarantee bond in the amount of 100% of the contract price. The final contract prices are as follows: Project Final Amount Police Heliport Facility $428,282.00 Municipal Pier Pestaurant $4230958.00 Should you have any questions or concerns regarding the bonding re- quirements, please contact Don Noble of the office. Very truly yours, Les Evans City Fngineer LE: DN:dw cc: /letty Tate - City Clerk's Office Wayne Lee - Accounting Office Don Noble CC - 598 "Gen. Corresp." CC- 665 "r-en. Corresp. " � WHEN RECORDED Wlll TO:� LATY OF i;UNTINGTON BEACH ONte at the City Clerk P. 0. am 190 Huntington Bedc:h Calif. 92W 85-•414891. EC11mr NOTICE OF C LEitON ow CC-66S 1l Y Y -,.! �M�M . I -3 "PI 02315 t . a V4.0. NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City ounri o the City of Huntington Beach,* California to KROPFLI CONSTRUCTIQM, 0A L.-IK,� -79 XiReno AvCnV2. long Beach- CA 2= who was the company thereon for doing the follm#ing work to -wit: construction of a restaurant facility atop the municipal pier, Project CC-�55, in the City of Huntington Beach, 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 Beach at a regular meeting thereof held on October 21, 1985 That upon said contract the FAIRMONT INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 223st _ day of __October , 1985. A. C i 4yvek an ex-o Iffrif c rilo clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, ALICIA M. WENTWORTH. the duly elected and qualified City Clark and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct. and that said NOTICE OF COMPLETION was duly and regularly nrdered to be recorded in the Office: of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 23rd day of October 1985 . Tble docusent is solely for the orricinl business or trio City at Huntington reach, a3 canto& - plated under Govern;ont Code Sou. 0103 and should be recorded sree or storge. sty Clerk and cox-o icia �-r� of the City Council of the City of Huntinr=to- Reach. California tow.. . CITV oW HUM 114M H 1 INTER -DEPARTMENT COMMUNICATION ChMrlea Thmgm rr Pau 1 E . Cwk G. i o City Administrator From Director of Pt bl i c hbrP..s Subject Mu ic,.ipal Piet' AeStaurar:t Date February 22, 1995 CY1 Mary 14, 1985, bids for the Mtiicipa l Pier AestAur nt were re%mitivd and grmmd. Ow results are as fellaws : Contra&ct Oar�letian Tire: 18" Par/Y�.. Contract Item, 1. TbtaY Project 2. Project less sprinkler system 3. Project less 9 s iron only 4. Project less Sprinkler 9Vsta" 6 Gas line Contract 2zm1et:rn Tire: :50 122v4 contract Its 1. Total Project 2. Project lass sprinkler sys tom•". rxi) v 3. Project less cos lire Only 4. Project less sprinkles & aas 1 i.• contract Car,letion Ti^r : 120 r)a%•s Contract 2tcra 1. 7bta1 Project 2. Omject less sprinkler M-st r cruel:: 3. Project less gas lizM on 1 1 4. P=ject less sr,3rS.nicler srypU n 6. gas line Bid P6MMt. S335,843 S326,843 (S9' OD0 Sa'." rbas ) $318,000 ($17,943 savings) S312.030 (S23,843 si imis! Pic N-rk."It S343,0aG S337,C00 (Sf , 000 stZi•i.•i �'S S313 00n ( S 2 5 Z,L)0 smvinc-s S312,00') ($31. 000 savin::s ) Bill MCKMt S355100C $349,000 (S(, 6o0 n&vi-x'-s; ) S330,000 (S25,000 mv i.rK.SS ) $324,000 (S 31, 000 satin. ncs ) Oontract.or. Yxcof 1 i Omstrwticr. f..' q.) .11 ions tntct 1 an A^a ran Crxis :-nict i cr. A-r i ran 03ris`tuc'.a to Contractor Ara :rar; CbnstrZx� i a; .Nm i r a.^ Qxzs to ct i cx; ,'ir.,4 rar. (crx t_rucU cn Ama ran Ctn-s tnc*.son Co :tXactors r.T. R. Internat::r-i 1 A.sran ()mStrtr_tirr, Ami.ran CYrstrvctscm Ara raw; Crm s tnic-It i ar/ .P rho to awl" Masan M63n.icipal pier Restaurant February 22, 1985 Pap After a thorough review and analysis of them, bids, staff recmne+nds that Comcil : I. Award a 180 day contract to Kropfli Cm tract-jon, ir=lUL no_ thre firr_ sprinkler system, and gas line; or 2. Amard a 120 day contract to Amiran Ccnstrvctian, including the fire sprinkler systen and gas lire. Analysis: 1. FirAncial Imo: It is unlikely that the difference of S 19,157.00, in cost !baleen t1v 180 day and 120 day contract could be offset by wxmr restaurant re«yues. Assuming construction started !arch 1, 1985, the 120 day project c=ld not: be carpleted until Jaye 28, 1985. LYOon carple-- tian, the lessen would still have to install his c ouiprent and fixtures. 7his, mast likely, would d require an addi ti ma i 30 dnti•s ; thereby mak inq any eoe-nirr ilrpo ssible Emil the first of kxmst . 2. Material 6 cxnstm:tian wiays: 71.�x, I.20 cis}• ocrpletion sc: >v--iule dws r>, allow any tune for mterial u cx=tructi cn de lays . Cox-i ons ly , such de 1 ays are a passibility. Ite 180 day contract includes sufficient tim for caivay delays. 3. Fire Sori.nkler :•ester a-xl ''.as Line: nitlxxx:h the firs, sal imkler systm. andaas line wens .id as 3o,, to v a1ternatc',s, reither s..Ixu1d he de1etrd `rain th- Contract. 'Ite Lhi f ozir: iiui l d i rK.- Cam. as ivdW. ted by C i v, - Ccx= i 1, six--c i f i ca l l y rrr*-- quires sprinkler syst.e•m i7 public as_sc rb1y ocr.> wcies ab v the first .loco- utwm t.et occ4x-mom• is used for clrmkim and./or dining w•i th an ocv ant load of 50 or rxzm person.%. (:nv cxistin c7 2" water senice was not detsi=ed to accaxndate a fi ire sprinkler systurn. IL- wever, it will de li ver adecnaa to w-a tv r to Fort out 901 o f the f i n-s whi ch mi ght cxzvr , as well .as act as & life !A- vine stistan. 71w cost to install a :k-.r water r. m n ihcr lerwth of the pier would probably excmd S100,000.00. 7hm City may e l e-ct to install a t�vik and bcx-)s to r Nary) sys tm to irrprcnv the f 1 ow a y! i-ressure frar, Qxr existing lin . At present.. the: c; kam faci l.i ties plan-vad for this , estaurant axe qas cfernte+d. Fieleticam o: the cias lire would result in mjjor mx1if1c3.tidCi5 To p'rcposed 'katc` er. ippravmmt.-. and electrical &m nds (i.e., crjokiryn_ facilities would probably revert to electrical , therein• n�cx'sa�i tetiz►ra a r Resign of kitchen +emu{rycnt and aleectricAl sc:rvim) .. Omtractor Qualificatims- F.ar-±l of tlse tar bidiem subnitWd statarents of cxyalificatdan y~ttia`r siom, validated by City staff. 71-*� follayring is a brie'. outline of rtaf"f £"indims: Krtpri:-, cocystruretian -- ?tx:, MrVA:q is located in Law Heath arxi Nw; tv"en 'n ifiv-ns 13T 5.9 years. In 1964, t xy y did S500,00/0' in con.-tructi.on. In ar, (' avera a year they do r ixtit S 1, 000 , 0(XI.00 . TX -cent pro; cacti! uhi mh thev Kw - �.+ ac=vI ial'ted it c lode : wwo to Charles Thm" m �c�a Pier ftstaurasnt wry 22, 1985 i1Al.i.ng Facility for the Port of tang Beach Maintwwxm 8uildi.ng for the Port of Iang Beach Toy+ Yard Wid Storage Facility for the City of lap Beach Cber.:k M their references, staff fo=4 that they had a reputation as a c.ax ble firm with no tmhappy clients. "IhLn, were recently awarded the contract for the City Heliport. Ami.ran Ctanstructirm - The oqnpany is locaW in thminatrn Bea�^.h and has � Sri iit� s %r aft 3 %mars. Ibw are a relatively wi mll f with lem than $1,000,000 in armual crostructian. Recent orojec-ts Whiff they ha•.e acccMliSW include: 1. i rployee Service Sui ldim in Izm Iva-ach. ALti ldim ails built m piles. 2. Steel cumcp%- strir tunes in the Ian^ faea:-!h I;a%al Ship.va.rd. 'T! ne stzix-O ms were alp bui 1 t to pilings. Checking t'mir refer Kxm, :staff fam:! th t prrvicto, client-s were :er., Ufa l$f1C`:: with their work are. rec a"---x.W k-.: ran F'iit International - 71v ca-pany i s 1c+ca et! in 111.ri r:.t :jiA Ivy a.- h r, miy in :eaa a few rrnt?z. 'ITie•: halmh rx-� Ce-11'lettw3 prr-I acts at this tins, al- though tlx-. J W vc oaoabout .% !Ci. u F jim cipa2 R r1 fim were excellent. rim of eae bidders hxce xiv t!)4I@..' ia� .n ctrs;.-uMln:: a tui;dim: at t ve 'L-Q of an 1800 foot pier. PE : I.E : jy C., t i Ho Paul E. Cook 131mw coo CITY OF HUNTiNC3TON BEACH 20M MAIN STREET Air. Pete Kropfli Kropfli Construction Company 79 Ximeno Avenue Long Beach, CA 90803 December 91 1985 Subject: Project "Stop Notices" Dear Mr. Kropfli: CALIFORNIA 9 Pablo Works D*PW1mint (714) 53&6431 In accordance with our prior conversation regarding the release of "Stop notices" filed for the Restaurant and Heliport Projects, I have enclosed an acceptable sample letter which would authorize the city to make direct payments to Walters Wholesale Electric Company. If your agreeable to resolving the "Stop Notices" this way, please submit a letter of authorization. Very trul}yours, UY� Don Noble Contract Administrator DRN : l w cc: Betty Tate - City Clerk's Office Wayne Lee - Accounting Jack Miller - Publics Works CC File 598 b 665 "Gen. Corresp" C txHIBIT VI-R SAHPLE LETTER Direct PP&Mnt Authorization September 17, 1984 City of Huntington beach 2000 Hain Street Huntington Beach, CA 92648 Attn: Robert Franz Director of Administrative Services Gentlemen: For value received, I hereby assign to the City of Huntington Beach all of my rights, title and interest in that certain sum of all money due sae from the City of Huntington Beach, pursuant to Huntington Beach City cash contract 1901, dated March 7, 1983. And I hereby auth- orize the City of Huntington Beach to pay theve funds directly to any subcontractor who has a claim for payment from the funds --pursuant to the attached list (see Exhibit A) . Further, I herL release, indemnify, save and hold harmless city and its officers, agents and employees from any and all loss or injury which I may incur as a result of thin assignment .including any wrongful or negligent payment by city to a subcontractor or a failure to pay any such ,subcontractor. "Subcontractor" as used herein means material man, supplier, artisan or any other person furnishing services, goods, labor or materials. Lr.: l . 1 >.111l'i t '*I.' Alpha Construction Harvey Jones, Pr4siaent7Treasurcr I.iMi :sr.lt h, Vief, Subcontractor Able Fabricators 1931 Glen Way Drive Loma Lee, CA Felix Paving 1123 Fifth Street Vernon Beach, CA EXHIBIT A SUBCONTRACTOR LIST Total-. Amount Due $2,599.11 4 h Page 8 - Council Agenda - 10/21/85 E. PUBLIC COMMENTS - J minute time limit per speaker Anyono w i sh i nq to nvY}oak to inv i to•in that t S riot a ptihr 1 tt: fwa r 111fi, t]ll��lri .341,1t+ .::. f. tip of tit] r i:r.•l. do j` /,* r +; f po /�•sr t c e M ! �! Ace f. 49 w 4poo ,s s sod 510, ttn.t rt c*r-d, w ♦�c o �'a�l /fit ee-f,ti� - ♦r r+y0"0 601 et,.e 14 �T J F. DEFERRED ITEMS r-1. LAND USE. ELEMENT AMENDMENT 85-1 - ann t-ts«� c:I���ht .�r, �c� A:�:��e. 8�-I is a request t., ►e Hurt i^t;tcn Beach Co _-,,pan to cnang•t .-e :arid ;rsQ designae:ion on 126 acres fco: Penera: p,f? •'?S:.r',3: and Real F.-I ate ««•S1 ?^tti,i t�«'1.'•"►'': �•::":a1:�rlt• i T" •? Sr'a't 3: f-a ; 2 .:'»`; as:':a' {.7," ,, P: + 1 ^� P J1i.3'� • Ila f I., it i� l�';..'.'r �: 1,:.l = •'.l. 1^•, it I.t f, 9�_ 1 .3' •i �_�91-% r .i �.�� 3". •, - •] 1. I . . • �: 1� .` i .. e i f� .. • r 'r' .i .i i •" • .. p • • .i 1 ..�i .� / .. i• i .. . . • . r f • .'• / 1 ;1 ..y .•. r +� ►? -e -:_.e•: tc 3' .r:, tn• =.r.::.►?r. L 1 ly j •,!,::' is ",,:t .1`_ ;:.3;3��, �.,:c�;•;:. �% t:..1t • : C. F �? : I L .~. 1.% r'_ 1 1 :l i i U 1 .r1 ~; .. ... ,' •• t �l ' ,~ i .r J L :I :_: �...�i . �t w K.. �: •: �C 3 ro':S0!r,0'It 0n '^ t:p'•. ••. 'ICIPAT. PIER RESTA"RANT - CC-665 _ (u C. P . � .? Fc P : ;-'-M tYt,. ne tl•n 1L,.1� f tt?I ht•4i�.1J:�'it. %��:�:»Y� ..:4 twri 1 RA: Accept the co•::plete:i pr.,,) ject, s�stnor i_e lt'rK to file 3 I;otl;:;- of an-j iut3r..'':•3 �'t ac,prcv. tat ton c4 S if;d, �I�u f co;-; t:`.e %?,It!ral fund balance to cover the co54.a .:LT construction contingencies. 'r liv MTV or INTER -DEPARTMENT COMMUNICATION ce F Port►..- To Charles Thompson caul F.. Cook � Subject Pier Cafe Construction Date Oct. 16, 1985 Shortly after the Municipal Pier was damaged in the March 1, 1983 storm, the Council moved to begin repairs. Since titre was of the essence, the Council began authorizing exnenditure as early as the March 7, 1983 meeting. A gtructurnl survey and demolition of Ue damaged cafe was approved. Both were completed in April at a cost of $21,243.00 for the demolition and $6,232.00 for the study. The Council authorizes: the preparation of plans and specifications for pier repair at their May 16, 1983 meeting and on June 6, 1983 awarded a contract for repair of $266,700. These costs were all reporter' to the. Council at their June 6, 1983 meeting. In August, 1983, the Council selezt&] an architect. to design a new pier cafe. Fight. ront.hs later, little proarens had been made. In March, 19R4, work on the pier wan suspendel pending decisions on the structural integrity of the pier to surr)ort. a two story cafe and the addition of a boat ramp. 'She problem was reportP1 to the Council at their 'larch 19, 1984 meet inq. Can March 22, 1935, the State. Coastal Conservancy offered. the City a S1 5n,000 loan; for pier reconstruction. The io.in was based on the following est:ir:ates of cost: Pier Structure S35n,000 Float Ram- in,0n0 Gti'ities 5S.nn0 Cafe 000 .,Rnn,ono The Council reviewed the cost fiqures an-i approve,'. the agreement with the Coastal Conservancy on flay ?.1 , 1984. On August 20. 1984. the Council was forcing the pier to accommodate the more than orginally estimated. "he the proiect and approved a contract funds up to S744,00o. The cafe and under design. advised that. the cost of rein - new cafe would be considerably Council chose to continue with which brought the total obligated utility improvements were still On Septeffber 17, 1984, the Council approved -mother S30,000 for this assistance ,f a specialized waterfront cn-..,altant to provide inipei:- tion serv. ►_Etc during pile driving. M mw to Charles Thompson Pier Cafe Construction 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, $705,000 had already been spent. The cost of the new ca including utilities was estimated at $310,000. The Council decided to continue with the project and apply for an additianal loan from the Coastal Conservancy. The Mayor also appointed a "watchdog" committee to oversee the pier construction. Councilman Mandic was appointed Chairman of the corbutttee and Mayor Bailey and Councilman McAllister ware members. On February 25, 1985, the City Council awarded a contract to Kropfli Construction for construction of the cafe. The Council was advised that sufficient funds should be obligated to cover the contract amount plus construction contingencies of 151. The Council was also advised of funds previously spent and funds available for the project. No contingency funds were authorized. On May 21, 1985, the City Council approves' an additional Coastal Conservancy loan. The project funding was basest on the same cost projections presented to the City Council on December 17, 1984. During construction, approximately $109,000 in extra work was authorized by the City F'ngineer. Although the amount is unusually high, the project was also an unusual one. During the construction period, the cafe leasee requested several changes in the lesion which he agreed to nay for. The owner of N eptune's Locker asked for gas service which was approved through the Coc,munity Services Department. These two charge orders amounted to about $25,000 and will be reimbursed by the 1easees. The other major change was a result of a misunlerstandin3 between our electrical engineering consultant and the Fdison Company. The Edison Company insisted on additional power to the n" cafe. The cost of the service was $50,138. When the omission was discovered, we were committed to the project. The City will receive a S12,800 credit from the contractor for this change order resulting in a net cost of $37,338. In summary, the total cost of change orders was S101,878.40 (see attached list of change orders). Of this amount, $37,328.89 will be reimbursed by the leasee or credited by the contractor resulting in a net cost of $64,549.51. Subtracting the net coast of Change Order $13 which was the Edison Company's requirement for additional power, the remaining change orders cost S27, 230.84 which is only 81 of the contract amount. w Rom to Charles Thompson Pier Cafe Construction October 16, 1905 Page 3 As tho project proceeded, the Council was kept advised of schedule and costs. The regular written reports by the City Administrator's secretary. attached as well as other backup data on PEC : LE: "! w Attach. were provided to the Council These status reports are the project. rNX% 7. OFM. DF.SCT1PTIOH OF CNF N7 TOW90 I MR OiA%XZ COST Cr CFMXX I Extension of contract time from September Rain on March 18, 1985 pre- 6, 1985 to September 7, 1985 eluded any eonetruction act. No frost 2 £xWnesion of contract time from Sept. Rain on !March 27, 1985 and 7, 1985 to Sept. 9, 1985 high wind on Mar. 28, 1985 precluded m q- coast. activities ND c7ont 3 Increa-se thicknes , of first floor The existing depression for the foundation slab from 6 1/2" to concrete foundation exceeded 8 in hm 6 1/2 inches $2,O00.00 4 Ovi ge for first floor rigid steel beam Structural engineer recalcu- frame f ram a W-1 Bx46 to a W-14-69 is ted steel beam frame require- ments upon receipt of shop drawings and increased site 461.00 /1 5 Install complete qas services for Requested by Dept. of Corm. the galley & captain's locker Svs. (Note: TAm lder of :,aci li ties f aci 1 i ti es to share cost) 4,900.00 6 Install electrical control s-Mten City will ultimately monitor and panel for future fire control fire protection system via monitoring system the Police Dept. o ma nication f aci 11 ties 2,836,00 7 Install steel telephone cabinet in Uniform Building Code requires electrical panel ram for general the installation of a steel telephone equipment cabinet enclosure when telephone and Edison facilities are directly adjacent in same panel mom 700.00 8 Install steel bracing for joists Structural engineer for city supporting the s000sfloor Building Dept. racluestad that bracing be installed to eliminate any possibility of horizontal joist renvenent 300.00 9 Aelocate electrical Pain! room and original locations of electrical dumb waiter 31-aft panel room and dumb waiter shaft did not pr wide sufficient ruaa for equipment installation or maintenance 450.00 Page 2 10 R,ef came for s tai rwe' 1 below S/r greenhoize and door height of ceilings in kitchen, man' s ren troom and wamen's restsvan i1 1) Misc. furrim7 of steel holis on columns around window.-, & steel I beam exposed at first floor oeilirg, and stairwell wall to aooarrr=irite be^.-+erage lines srd rough plumbing. 2', Revise Jack Ra f ter installation on second floor 12 Provide anr3 install window screenn for all windows. 13 j Provide ani install 1160 lineal feet of 4" :PVC conduit for So. Cal. Edison atr3 600 lirxyl fc-t. of 1 1/2 PW conduit for General. Telephone 14 Change lightin3 design for restaurant and aM mix . electrical outlets Stairwell had to be ref raved to provide adequate head clearance as greenhouse support wail is directly adjacent to stairwell. utilities to to i. ns tal led in first floor ceilings would not fit unless ceilings were dror4xrt in the kitchen and both restrvoas Re 01: Additional furring requested by aurc3zi tect . Re #2: Jack Rafters could not be installed at window openings on second floor per the approved plans Orange County Health Dept. requires scrams on any window that opens - as->nwed plans did not include seem Original Mans required the installation of one 4" conduit for Edison and one 1 1/2" conduit for Gen. Teleomm. Subsequent to our contractLral agreawnt with Kropf l i Cons t . , Edison required a second 4" conduit. 'three a is cmld not be mrxmted on pier siding as planned and therefore, were hung on the under Ride of pier were requested $1,150.00 5,264.62 898.00 50,138.67 by the leaseholder (Note: the leaseholder has been billed dw entire mw=t of these c#vin e; 19,628.99 J s Page 3 CWQOM ORER DE RMr PTI ON Of CKk4M RFASCN F+OR C RAN€ . COST OF c2aug £ 25 linstall lighting shelf on existing second Re 01: City requested contractor floor I beam and extern eont-.ract ca, letion to install lighting shelf padr date to Sept. 22, 1905 architect's supplemental drayrings Re N 2 : Prior change orders re m1t.ing i r..:.i�i ii beyond the scope of contract resulted in additional contract time 490.00 16 Delete three 3/0 x 6/8 metal doors on Installation of three Ve w 6/ 8 electrical panel roam " r+epiace with metal doors on electrical panel two 5/0 x 8/0 metal doors roan would not be in ooWlianoe with clearance requirem mts of electrical code 2,581.63 17 Provide aid install additional drywall Additional d=ywal1ing a result upstairs and downstairs of misc. furring on change order all 3,590.45 1B Cove base all sheet viryl in storage 1 6" high come tease on all sixet closets vinyl in stone closets is required by Orange Comty Health Dept. 1,610.00 19 Change water 1;.-tie material (under pier) Installation of galvanized pipe fztm 1 1/2" galvanized pipe to 2" Would not meet fire sprinkler Qopglrr line code requirements 1,650.00 20 (Pe rding) P*J=ate sewage ejector control panel tie tl: City requested that control and misc. electrical changes in panel for sewage ejector be electrical panel roar located on tog of pier rather than below as originally plarrid. Re: E 2: Misc. c am es in electrical panel zoom were code requirements 3, 23�1.144 70m; $101,87B.40 1 REOUE T FOR CITY COUN ACTION October I, 1985 Daft Submitted to: Honorable Mayor and City Council Submittid by: Charles Thompson, City Administrator' Prti cod by: Paul F. Conk, Director of Public works Subject: Municipal Pier Restaurant; CC-665 JXAVfb 7-5 tok, Consistent with Camcil Policy? ) X) yes ( ) New Policy or Exertion fbei Aoa e. rA4r ftW+1ei,r,,, Satenunt of Iwo, Recommendation, Analysis, Fundinq Source, Ahern lve Actions. Attadhments: _. a Statement of Issue: Kropfli Construction has cOrnpleted they construction of the municipal Pies Restaurant per the approved plans and spevificattons. Recominc-ndations: 1. Accept the cu►npleted project and authorize the City Clerk to file it PJctice of Completion. 2. Approve an appropriatiun of s108,000 from the unrppropriate:d general fund balance to cover tho costs of construction contingencies. Analysis: Uri February 25, 1985, the City Council awarded a contract to Kropfli (construction for the construction of the t.lunic:ipal Pier 'tt-staurant. The proiec: is complete per the approved plans and s,7eLifications; and therefore, they Director of Public Works recommends acceptance of the restaurant anal requests that a Notice of Completion be f iled. The award of the restawar►t contract to N;ropfh Corstruction diet not include any rreunres for construction continciencies. (;e nerall) an amount equal to "_O% of the contract amount is approved fur construction chanoes. The following is ."a summary of ceuitract costs: Council Appro� e;d Actual E_ %;)e.•nditu:•Ls Construction Contract: s33`),64S.tlU s335,84LOU Construction Contintiencics: -U• IU8 000.00� T utal: 335;N4 5.0t) :,a y34 .U() omalor cot►structiun char"ie orders includeJ: incre issinq the thickr►eas of the concrete foundation to prevent floodinc4 of restaurant floor tiurinq rains; changing the sire of structural steel f raminti owinbLrs for needed support of roofing, etc; Instollinq gas services for the galley pail the captain's locker raa requested by Cniniviity Services, (Note: The cost of $4,900 to be absutbed by the Community 5ervices Department); install control system and panel for the future monitorincl of the fire sprinkle- system; installing a steel telephone cabinet ',n the electrical panel r0011`1 per building code requirements, installing steei brecirx) for the joists supporting the second floor per a Building Dtpartinent request; relocating the dunib waiter shaft to allow adequate room for operation; repair and maintenance activities; installing 1160 lineal feet of 4" conduit as requested by Southern California E:disw and installing 1*00 lineat feet of 1 1/2" conduit as no an$ Rojuest for City Council Action Municipal Pier Restaurant; CC-665 October 1, 1985 Page 2 requested by General Telephone Cornpeny (Note:: T`iese two utility requests exceeJed $50,000}, changing interior lighting design end adding electrical circuits per the re"3L of thri lessee, (Note: These changes, tntaling $19,629, have been billed to the le.:►w)-, end Installing a six inch cove base on the sheet vinyl in all storage rooms per a requirerilent of the Orange County Health Department. Funding Source: Amount Source (l8, ( ) Unappropriated general fund balance Alternative Actions: Investigate the possibility of increasing the Coastal Conservancy loan to cover the coat of the construction contingencies. Attachments: F.I.S. CWT:PEC;URN:IW FISCAL IMPACT STATEMENT PIER RESTAURANT 1. Bu-get Status The cost of the construction contract was budgeted during the fiscal year. However, construction contingencies for necessary change orders were not taken into account. 2. Total Costs A. Direct: $108,000 as a one time expenditure from the unappropriated General Fund balance. B. Indirect: Loss of earnings on these funds. 3. Funding Source A. Funds: General funds on deposit in Account A301 (fund balance) for transfer into Account 34 5620 . B. Revenue Sources: General fund revenues C. Alternative Funding Sources: None D. History: General funds have normally been used for this purpose in the past. 0 6 a 1lry INTER -DEPARTMENT COMMUNICATION si�[te To CHARLCS W. THOMPSON From 12013ERT J. FRANZ, Chief City Administrator Administrative Services Bubo" REQUEST FOR INCREASED Dow OCTOBER 41 1"5 APPROPRIATION TO PROVIDE FOR PIER RESTAURANT CONSTRUCTION CONTINGENCIES F .I.S. 086.7 As required under the authority of Resolution 48329 a Fiscal Impact Statement has been prepared and submitted relative to the proposed additional funding to complete the Municipal Pier Restaurant Project. Estimates by the requesting entity are that an appropriation of $108,000 would adequately cover the construction contingencies, An affirmative response by the City Council would reduce the balance of the City's unaudited, unappropriated General Fund to $2,770,672. R JF :skd Attachment 1690i ttUdEfl `J: A , Chief Administrative Services Uepwrtn►e -A' REQUIL ;T FOR CITY COUNT. ACTION October 1, 1985 Submittal to: Honorable Mayor and City Council Submit ed by: Charles Thompson, City Administrator liwparad by: Paul E. Cook, Director of Public works 'rr� Subod: Municipal Pier Restaurant; CC-665 Condstant with CouiwA Policy? (X) Yes I 1 New Poky or Exmeiprtion Sunoco ant of Issue. Recommer► anion, ArdAysis, Fundinq Source. Aharnative Actions. Attedii. a: Statement of Issue: Kropfli Construction has completed the construction of the rAunicipal Pier Restaurant per the approved plans and specifications. Recommendations: 1. Accept the completed protect and authorize the City Clerk to file a Notice of Completion. 2. Approve an appropriation of $108,000 ►rorn the unappropriated general fund balance to cover the costs of construction contingencies. Analysis: Un February 25, 1985. the City Council awarded is contract to Kropfli Construction for the construction of the Municipal pier Restaurant. The projert it complete per the approved plans and specifications; and therefore, the Director of Puolic Works recornrnends acceptance of the restaurant and requests that a rqutice of Completion be f iled. The award of the restaurant contract to Kropfli Construction did not inciude any monies for construction contingencies. Generally an arnount equal to 20% of the contract emnunt is approved for construction changes. The following is a surnmary of contract costs: Council Approved Actual Expenditures Construction Contract: $335,843.00 $335,843.00 Construction Contingencies: -0- 108 000.000 Total: j5,843.0t-7 439843.00 *Major construction change orders included: increasing the thickness of the concrete foundation to prevent floodiny of restaurant floor during rains; changing the size of structural steel frarning memberz for needed support of roofing, etc; installing gas services for the galley and the captain's locker as requested by Community Services, {Note: The cost of $4,900 to be absorbed by the Community Services Department}; control system and panel for the future monitoring of the fire sprinkler system; instsUing a steel telephone cabinet in the electrical panel room per building code requirements, installing steel bracing for the joists supporting the second floor per a Building Department request; relocating the dumb waiter shaft ;o allow adequate room for 'operation; repair and maintenance activities; installing 1160 lineal feet of 4" conduit as requested by Southern California Edison and installing 600 lineal feet of 1 1/2" conduit as requested by General no 444 Request for City Council Action Municipal PlotRestaurant; CC-665 October 1, 1985 Page 2 Telephone Company (Note: These two utility requests exceeded S50,000} changing interior lighting design and adding electrical circuits per the request of the leases, (Notes These changes, totaling $19,629, have been billed to the leasee); and installing a six inch cove base on the shut vinyl in all storage roo`ns per a requirement of the Or" County Health (Department. Funding Source: Amount Source $10 ,000 Unappropriated general fund balance Alternative Actions: Investigate the possibility of increasing the Coastal Conservancy !-,An to cover the cost of the construction contingencies. Attachments: F.I.S. FISCAL IMPACT STATE.14EHT PIER RESTAURANT 1. Budget Status The coat of the construction contract was budgeted during the fiscal year. However, construction contingencies for necessary change orders were not taken into account. 2. Total Costs A. Direct: $108,000 as a one time expenditure from the unappropriated General Fund balance. G. Indirect: Loss of earnings on these funds. 3. runding Source A. Funds: General funds on deposit in Account A301 (fund balance) for transfer into Account 345620. B. Revenue Sources: General fund revenues C. Alternative Fundinq Sources: None J. History: General funds have normally been used for this purpose in the 1)ast. REQUE FOR CITY COUNCI"kC Submitted to: Honorable Mayor ind City Submitted by: Charles W. Thompson, City prepared by: Paul F, Cook, Director of Subject: End of the Pier Cafe Consistent with Council Policy? j xJ Yes j Dint Tri#- Otto, elf cc May 9, 198QL. Council J I's �pva Administrator. -I, •j V ~' Public Works ..._ cti -,Li�� r Tels .Sf� New Pc:icy or Exceptio M Statement of issue, Hacomrr+endation. Arnlysis, Fundinq Source, Alternative Actions, Attachments: STATEMENT or ISSUE: The Coasts Conservancy approved the reoueAt of the City to c. a.nt a loan of S425,000 for completion of the pier project. RECOM.nEhIDATIOY : Adopt t e P.esolut:.on approving the krlendnent to the Cit,•'Conservancy Agree,nent . ANALYSIS: On May 21, 1984, the Cit•, Council acce7ted a loan fron the Coastal Conservancy for S3.50, 000.0c. on December 1 1994, the Council author iced staff to apply for additional Crustal Conservancy loans. The Conservancy approvitid the Citv's request for an additional loan and increased the total loan anount to S425,000.00. The terns of the loan are identical to those of the original agreement and require repayment over a ten year period at E.F6t interest. Payments wi11 be S65,025 annuall, comnencint. ; ull• 1, 196 FUNDING SOURCE: Reve an r.s csenerated b•: ;?i�': c©ncessic�r,: mill be utilized to repay the loan. ALTERNATIVE. ACTION: Reject the a.. itional loan and utilize general fundr. for con.pleticn of the project. ATTACHME2:T : Rese u :.ion Appr ovincl kn-ented Stan a. u Aqr ecr7ent !:o. E 3-11_ 3 - 6 4 - 0 E . (w%`T:PEC:LE: jy Pic 41M RESOLUTION NO. 5517 A RE50LUTIDN OF THE CITY COUNCIL OF THE CrTY OF WNTINGTOti BEAC2i APPR0X ING KXENDn STANDARD AGREEY,,nCT NO. 63-113-84-08-A WITH THE STATE RD AS TA L COIG ER%7:: CFOR AU GV. EN TAT IO N OF FUNDS TO RECONZS7RUCT "END CkrV' ON THE MU.N*ICI PI%L PIER WHEREAS, the City cf Huntington. Fieach entered into an agreemait, dated My 31, 1984, with the Califo-nia Coastal Conservancy for funds to reconstruct the municipal pier after severe sto:n damave• and The city finds that addi tiona: funds a. a required ;o cot- ple to re cons trust, an e f t:7e "end ca fe " on the pier-, an Tne ci ty In as en ter ed i n to keen d.-en 6. N� . 1 to Stan -lard Agreer.czt No. E3-2:3-E4-;:7-F+, a copy o` thich is attac'ied her eta and incorporated boy reference, for additional funds in the sue of S275,033 for the p=pose Inere.ir. st-ate!: and NDK, THEREF OSE, BE IT RESOLVE by the City Council cf the City of HuntiNgton beach that .t accepts Iac.mdeant No. 1 to Standard Agreement No. 83-213-64-C 7-h for au=ent.ation of fords in sus of 5275 ,Dag with �:i cat to c-ocplete the recon- struction cf the "end cafe" on he H.=tington Beach Kinicipal Pier . PkSSM AtiD hDOPTED by the City Council c: the City of Huntinat.an Beach at a regular meeting t_here:)f held on t-he 21st day of ".t%' 0 1985 . ATTEST: City Clerk Ma ycpr P VIEWED AND APPROVED: City main istra or INITIATED XVD APPRO%T.D : Director ol PublIc orks ahb/ 5/ 9/ 85 34 99/0561L 0 A P'PROM AS TJ i'JR.'r:: 2. City Att -N, Ro Mo. 5517 STATE Or CALIi'ORXIA ) COUK" GAF ORAAGE ) s • : CITY OF RUNTU C?ON BEACH II ALICIA K. WEh'1iiom. the duly elected, qualified City Clerk of the City of Huntington beach, and ex-officto Clerk o: the City Council of said City, do hereby certify that the whole number o: awmbere of the City Council of the City of Huntington beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of wrt than a majority of all the wenbers of said City Council at a regular adjourned greeting thereof hold on the =1st day of Mty ,, 1985, by the follcmeing vote: AYES: Counc i lrsen : Kelly. MacWister, Mandic. Ba':lev, Finley. Green`Thorras NOES: Councilmen: h:)ne AS5Eh':: Counc:laen: None oil City Clerk and ex-officio Clerk of the City Council of the City of Huntington beach, California 0 / !V'7V I,RV F%Wft Kr i/l &FT I .— ATTO *MY wrAve s* eA"Pow1A 24W a 4k*V. Oal$ THIS ACREEhIENY', OW& and @ Merad into thak 2!t b day d �._ ,19! g . in the State of C VIo nia. by and bet -were State of Caii(antia, threw in duly Act or appoitwted, q Wk-d and mdk* 7TRa ar WmeA A19MM •� WrArt AW010dCr ❑ •rAM ""my ❑ awr. O+ sax ML D 8"Mm"M 13 Zx4cutive Officer I Mate Coastal City of IlUrwtirtgton Mash Amend. 1 aw COMMON 't+ 17NESSETH: That the Camractcw for and in oortridmhm d the ooveoa,rtt mWitioau, agftw*ertt awd shptrlawo of the State hereinafter expressed. doer hereby a;ree to f unAah to the State aer•*u and sultTisik ar f olknn t�+'t /need r++ra M it nwirai it Gwn,�ci�►, *w,an+u wr it tart/ C,w+**c*w, cw�r j.r �r+�rrara�w a whew*, wt rsrsr� fbr.r Nr/ wwnj�wwr•r. � o►e 1 The State Coastal Conservancy (hereafter called the "Conservancy') and the City of Runtington beach (hereafter called the %rastae•) agree to amend Statadard Agreem"t Number 83-112-94-07-A (hereafter called the "origiaa). Agreement"), dated Ilan 31, 1964, as follovat The following paragraphs era added to this eecttoat The Conservancy hereby grants to the Grantee an additional am not to exc ed two hundred seventr-five thovawA dollars ($275, 000) . ?fee funds shall be vaed t+u coWlets the rewastroction of the said of the ■untinyton beach Municipal Pier by replacing the "and oaf a* with a new facility that Lzeludes a second -story public observation area and for additional utilities laprovesrants to the pier as described herein and in the Cco,servancy Staff Recomwadation of PArch 21, 1"S, which is attached hereto as txhibit A and incorporated herein by this reference. 11* pravi4am an dw re►ow tide het ed tvaet*-ate a pert d thit age we=rat. (Costinwtd on the aaart pa g'e ) IN %7rN SS WHEREOF. this agrwa% rit has bwe esemed by toe patties Recta um the date tint above written ST'ATI OF CAL0004A State Coastal Conservancy sri wr*►.d� "0" .► �,-z awwww no v wyr wen M ors.. wee! swrft * is wnawa+w.. " j City of *Antington breach w rwr.rraA wND.n+Nr WAX #L0iCII'-AAAAJj"CV Zzecutive Officer y Administrator ��,= 0%amm 1 s,,:„ ORANWO,M,WtoCe""We"M n St., flintingtcm beach, CA ANMUW O C1A.w�or*OMI a:oae AM rm%A MM ""A Dapen~r of Cenral Sr►+ce: 13 425j000.00 Use or'406A^ ra Iveraw. Waft AOd W.iAAMMe Vi i 27 S. 000.00 war MUCOSO 096 ad ffuntltngton Mach Pier A iw*w w m a mm MV +am womew iaw woe Aw h4ow J" am V ohm W .. *md" 1w air t mad ad twFwa/ sk► rowbr* o ooW aloes I F e■W"ft" t v .000wtw wsw I I "re 1 A. �af waedws*s .M► Men aset rr Wkb d b ,r l I — ■ set /end as bw Adowwwow "good boom UIV te#r e Omw Penes now ly s1r aw"" +w a/'wrw ■ Air IWR 0 + C�1 1. The grantee agrees to indemnify, defend and Muir harmless the State, its officers, agents and eipiors,s from ary avid all Claims mad lasses secrstag or resulting to say and all oomtract.ore, jWxxmtr&ctars, materialman, laborers &ad any otber prkrsoa, firm es aorpotatioo furnishiag or supplyiag work, serviow, iaaterials or supplies is com octi+ov with the performance of this costract r mar! from nor mad all claims mad lowers accri ial or resulting to "y persoe, firs or rorporatLoa who my be injured or damaged br the Grantee is the perfotsaaee of this contract. 1. t'he Grande, and the agents and esiployoss of the Grantors, in the performaace of this agreement, shall act in an indepemant cgvcity and not as officers or employees or agents of the State of California. ]. The SL&ta mar terminate this agreemiant and be relieved *f the payment of any ooasideration to the Grantee should the Grants* fail to perform the covenants herein toutttiinsd at the time and is the mamvir bereia provided, In the event of such teraisiation the State may prnCred with the Mork in any mawwr dome proper by the State. The cost to the State shall tr5i deducted from any sus duo the Grantee vinder this agreemest, and the balance, if any, shall be paid the Granter upon Aem adi. 4. Without the written ayasent of the State, this agreeewsnt is not sasignable by the Grar►tea sither in whole or is part. 5. Tim is tho essence of this agreas+mnt. 6* No alteratioa or variation of the tires of this saotract shall be valid unless made in writing and signed by the parties hereto, and so oral understanding or agreement, not incorporated berain, shall be binding on any of this patties hereto. 7. Tha considerat.ioo to be paid the Grantee, as provided herein, shall be its cumpenaatioe for all of the Grantor's exp hams incurred is the performance hereof, Including travel and per dive, unless otherries expressly so provided. City of ■ustington Seach Grant 00. 82-112-di-07-A Thole two ISM cr (Cvatinusd) The Grants* "all erect permanent signs designating that the s*vmW story observation area is available to the general public separate frM patronage of the cafe. The wording and placement of such signs shall be au1mitted to the executive Officer for review and appraral. The Grantee shall repay the Conservancy cm* hundred percent (1000) of the funds authorised under this Aswaftent with interest on the u*-repaid balance accruinq at a rate of eight and eighty-ai: owe-huadrsda percent (@."%) nnded annually for a tan -year period bolinnibg Jaly 1e 1907. This reLwburseaent shall be in addition to may reimbursement required under the original Agreesesnt. Paragraph 3 of this section shall be wwadad as followst Any omstructioa contractor(s) engaged to complete any portive of the project to be funded under this Kgret shall f%=ish a performance bond in favor of the Grantee and-tbe awaseviewarT in the following anoontar for faithful performance, 100 percent of tin cootrect valaai for labor and materiala, 100 percent of the mattect value. Camditlares ft i c &rsrt top a�,+■arrt The following paragraphs shall be added to this sections d) a resolution hu been approved by the City Council of ■uatingto& "Ach which approves this AmwoAm ent and agrees to all conditions cmtaided in the ''List of Assurances' tt- bit 2 to the original Afromet). Said resolrtiaa &ball a4ditioaal affirm the Grantee's obligation to fully r*Lmbarae th* Conservancy for all futAs disbursed pursuant to this Aisadaent in accor"aos with all the torte tad cr editives of the original 16greumeat and this Aeeeaftent. !) The t:eeutive Officer has placumeot of siVW designatiay open to the general public. approved in writing the wording and that the second story observation deep Is foe following sentence shall be added attar &tatesca 1 of paragraph► 1 of t"s stctiou: GPme d6tetaeiaatio4 bT tbs RXOWPtiv* Off ice( that all •Coed UWW *reoSdent to Paymat" have been fully mete tM Caeservancy shall disburse payrents of two bowdred seveaty-five thousand dollars (i273a 000) to addit.ice to the City of ■untingtoo ssseb Grant go. tI-113•Ai,-07-A Page Three en m tatllr (continued) payments authorised under the original Agrvsw*nt. paragraph resains unchanged.) n ('fie remainder of this Paragraph 2 of this section shall be amended as follore: The Qrantse agrees to repay the Conservancy from pier revenues one hundred percent (100%) of the funds disbursed pw suet to this Agrso"at by Jule 1, f9% 1"6. Interest shall sterlie oa the unpaid balance at the rate of eight percent (Ot) per sums, com onndad anaeally, beginnioq on the date of final payment tendered by the Conservancy to the Grastee. The Grantoo shall make annual payments of m obismd intermit &ad principal of tweoty-tvo thoutm and thrum hundred f if tT-five dollars ($ 22 , 3 3 S ) sarh, so later than July 1 of each year nor■ acing July 1, HK 1197. The Grant** the date of final payment tendered h Sae CoAI W. u% the Great**. Tho Grant** shall coke annual narments rf combined interest and erincioal of n Jujs 1 of each year cvm the Couservanc�r under the c ......,.....MO..... SO-A25_. (The :• mwindsr of Tea d agt rrr..rri.r.r.. s t $42.670) each 17/7e th" paragraph re*aina unchanged.) The first and second santencea of paragraph 1 of thle •ect.ioa► shall be asreraded as f ollons: The tars of this Agree out shall ton ;.m the above written offectiw data of this Agroemat and shall voetieue until July 1, 30" 2006, or twenty (20) years from the •Ccepletioa {sate'', wlhi��r. ls_ , Masse otherwrise erainated or amended. The Graatee agrees to complete Qoastruction of the project by July 1, fM 1"0 ('Ccwpletiou Date'). (The ramaZuder of this paragraph r�aias %ncW geed. ) 0 Citl of m urtial"m leach Croat Do. 03-113-114-07-A Palo tow Coordinator The see*" rentesce of chit paragraph shall be asisadeA as follorse #�r �t1r#se-l�.cael�e Mare lfreler it d esigusud the Conservancy's project coordinator for arar problaws or questions which may arise ooaaerainf th* lapleaebtation *f this Agreement. M1e*1 The following iaragraph shall ba a44ed to this section: The sigeeatura of the lxecutive Of f iaer of the Coaserrancy oa the first pagc/, of this Ammdsetot oertif ies that at its garde 21, 1965 meating, the Stags Coastal Couservancy approved a grant of tee bumOred esweaty-five thousand dollars (f 275, 000) to the Grantee for the developmot of the pro jeft described In the sttaabed C vmnrvaacy lu%f! tioe ( Exhibit A), 131 other term of the original Agreemmust wain in affect„ and the Grantee shall comply with all term aced am6itioas of the origi"t Agreement and this Anan6ment. I k :. CITY OF HUWINLa-v ON BEACH 7000 MAIN STREET CALIFORNIA 9" OFFICE Of THE CITY CLINK March 7, 1985 Knfli Construction Company. Inc. 79 Ximeno Avenue Long veach, CA 90803 RE: Construction of the Municipal Pier Restaurant - CC-665 Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Brach and a i:erti ficrte of Compliance fora. The Compliance Form must be signed at the completion of work and returned to this office. In addition, the following items must also be on file, with this office, before the City can release any retention funds. 1. A warranty band guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. 2. An affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstonding claims against this project. Should you have any questions or concerns regarding the enclosures or items that must be on file it this office prior to release of retention funds, please call Don Noble, Contract Ackainistrator, 536-5441. Alicia M. Wentworth City Clerk APOW : b t CC: Don Noble, Public works Dept. Enclosures: Bid Bond Cash Contract Certificate of Coeapliance cr.a,kWr:114-aissW) 1 i I .09^ • CITY OF HuhrrlNts v ON ENEACH t 2040 MAIN STREET 4A l l f0 R N l h 92648 OFFICE Of TIIE G`!iY CLERK ha rch 7, 1985 Bayside Builders 6 Engineering Contractors, Inc. 18b00 N. Main Street Suite 135 Huntington Beach, CA 92648 We are returning your bid bond which was submitted with your proposal for the construction of the Municipal Pi%r Restaurant in the City of Huntington Beach, Project CC-665. The contract for this job was aw-arded to Kropf11 Construction Company of Lon, Beach. We would like to tale this opportunity to thank you ft - your interest in submitting a proposal. Alicia R. Wentworth City Clerk AMI:bt Enclosure CITY OF HUNTINLa-uON B.AJCH 1*9 2000 MAIN STREET CALIFORNIA 9214E OFFICE OF THE CITY CLERK March 7, 1985 Ami ran Construction Co,:Vany, Inc. 15569 Graham Street Huntington Beach, CA 92649 We are returning your bid bond which was submitted with your proposal for the construction of the Municipal pier Restaurant in the City of ftitington Beach, Project CC-665. The contract for this job was awarded to Kropfli Construction Cotzpany of Long Beach. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk MAJ.: b t Enclosure IY�►rrr: 71:��f1 i.. xISMS Council Chamber, Civic Center Huntington Beach. California Monday, February 25, 1985 A tape recording of this meeting is ► on file in the City Clerk's Office `Y Mayor Dailey called the adjourned regular meeting of the City Council of the City of Huntington Desch to order at 5:15 P.M. 3; ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green Absent: Thomas BID AWARD - APPROVED - nD OF THE PIKE KZSTAUW-T - CC-665 - KROPYLI MSTROC IOld The Deputy City Clerk presented a communication, from the Department of Public Works regarding construction of the restaurant on the municipal pier. The Public Works Director presented a staff report. A notion was made by Mandic, seconded by Kelly. to award a 180 day contract to Kropfli Construction including the Lire system and gas line, in the amount of $333,843, with a bonus of WDO for etch month completed early. The Public Works Director questioned whether it would be legally acceptable to allow a bonus to be offered for early completion of the project as such allowance had not been made part of the bid notice. Councilman Mandic amended the motion as follows: to award a 180 day contract to Kropfli Construction including the fire uystem and gas line, in the amount of $335, W. with a bonus of $5000 for each oonth completed early, if the bonus can be legally offered. The notion carried by the following roll call rote: AYES: Kelly, ?McAllister. Handtc, Bailey, Finley. Green NOES: None ABSENT: Thomas Councilman Mandic requested a legal opittion from ttxt City Attorney should stir rule it illegal to offer the bonus to Aropfli Construction. Councilman MacAllister left the weeti%- i Pi If To Cr" INTER-WARTMENT COWUNICATION awl" "=Pow Paul R. Cook AE (if 40 oft 0 as V City Aftinistrabor From Dire+ctcar of Public WMM JR&* S ini.c3�1 Pier F�estaurant DM February 22, 1985 � �- M M Iry 14, 1985, b ft for the Municipal pier. Restaurant were rived and cursed. 7ft results are as follows: Contract CoWleticn Time: 180 Dan contract item 1. 2bta1 Project 2. Pruject lay. -a sprinkler syatem 3. Project less gas line Ml- 4. Project less sprinkler syst:m 6 ms lime Contract Completion Time: 150 L)aM Contract Items 1. Total Project 2. Project less sprinkler system only 3. Project less cjms line. Tly 4. Pt-oject leas sprinkler & cias line Contract 2 letion Time: 120 Darn contract items 1. Total Project 2. Project less sprinkler system cry 3. Project leas gays line only 4. Project less epr-li icler aymtem 6 gas line Bid Anent $335,843 $326, 843 ($9,Ow savinas) $318,000 ($17, 943 savings) $312,OOa ($23,843 savings) Bid ATount $343,000 $337,000 ($6,000 savirm) $318,000 ($25, 000 Savirx3s ) $312,000 (S31, 000 savingz) Laid i.x:ount $355,000 $349,0G0 ($6, 000 savings) $330,JOO ($25,000 savings) $324,000 ($31,000 savin") Contractor Kroofli Oxotructian "fli Constructim Amiran Construction Amiran Construction action Contractor Amiran Construction Amiran Construction AmiraA Clan86a tian Amiran Construction Ckontractors .T.R. Internatic ml fiairan C "truction hniran Oxi struction Amiran Construction Amiran Construction to Charlas gmon 04 Mardeipal Pier Aeatnt February 22, 1985 After a thorough review and analysis of these bid, staff rarcsimdo that council: 1. Award a 190 day contract to Xrcpfli Oxotruction, including the fife `.k O sprinkler system and gas line; gr„ 2. hard a 120 day contract to Amiran Onnstructian, including the fire sprinkler system and gas line. 1. Financial : It is unlikely that the difference of $19,157.00, in cx st between 180 day and 120 day contract could be of feet by wiWer restaurant revenues. Assuming c amtruction started March 1, 1"S, the 120 day project could not be eurpleted until June 28, 1985. Upen ample- ticn, the lessee would still have to install his eauilment and fixtures. This, mast likely, would require an additicnal 30 days; thereby making any capenirrl inpossible until the first of 11ur wt . 2. Material ro Danstructicn Delm: lbe 120 day coopletion sc mhde tines not allow r any tune for material or construction delays. Cbviomly, such delays are a possibility. The 180 day contract includes sufficient time for cac!mon delays. 3. Fire 9prinkler Ento n and Gas Lime: AlVxmgh the fire sprinkler system zir- gas line were bid as dc<h=U%-r—e alternates, neither should be deleted frcrn the contract. Ttv! Uniform Building Code, as adopted by City Council, specifically re- quires sprinkler syubms in public asaernbly odes ebove the first flow wtk--n that occupancy is used for drinking and/oar dining with an ouu-uapant load of 50 Pr mare per3ons. Me existing 2" water service was not designed to accomcdate a fire sprinkler system. Wuevet, it will deliver ad equate wester to put out 90t of the fixes which might eccur, as well as act as ra Ufe isavi.ng avatem. The cast to install a new toter main the length of the pier would probably exceed $100,000.00. 'Ihe City Pay elect to install a tank and booster putp s• stem to irnprrm the flaw and pressum from the existing lire.) At prevent, the cooking facilities planned for this restaurant are gas cperated. Deletion of the cyss line would re -a dt in = jor modi.ficaticro to pr.uposed kitchen iffProvemants and electrical c1mmnds (i.e., coaicing facilities would pmbeubly revert to electrical, thereby newt>sitetinq a redesign of kitchen egriipmmt and electrical se rvice) . Ountractar 2ualificati(xv- Fech of the Icw bidders submitted starts of qualificastirm which %e.re validated by City staff. The fol.lcviny is a brief outline of staff findfngst f li Oonstruction - The ccspwW in lcxx+t ed .in Lat:g lEMric'h and has been in busizess for 35 Vuzz. Yn 1981, f.-ey did $SW,000 in otxtsrtxuction. In an average year they do about $1, 000, 000. 00. F*Kmnt pro jaotae which they harry actaasplisW incbxb: MOD to Charles . Apean • ftMiCW Pier Aestaus ant Pwbruwxy 22, 1985 Page 3 Fueling Facility for the Fart of long Besot Maintenance Buii.ldi.r>q for the Part of Corr Beach Tbv Yard and Storage Facility for the City of Long Beach ChecfdM their references, staff found that they had a veput•.ation as a espab! firm with no unhappy clients. ITwy were recently awarded the aeretract for the City HeUport. Amiran Construction - it* company is located in Beach wd has ba m in ss or t 3 years. 2W art a relatively wall firmt with loon than $1, 000, 000 in annual construction. Ascent projacts which they him acccnplished include: 1. Employee Service Building in Long Beach. Building was built on piles. 2. Steel carter stnx-tures in the Long Beach Naval ;lipyard. VMM stnactUMs were also built an pilings. (hocking their references, staff found that previous clients were very satisfied with their work and reoarmox. hdran highly. M Intarnational - Z?e company is located in M rinA Del Aiey and has only been In` business a +cw months. may have no caVleted projects at this Lisa, al- thoagh they have two about to begin. References for the principals of the firm were excellent. Ncne of the bidders have any a*erienae in constructing a building at thn end of an 1600 foot p - vs. PDC:LE:jy REQUEL :'FOR CITE' COUNC O, ACTION Dw E. aA:"'21Y 2.121S Submitted to: Honorable Mayor and City Council 0 Charles W. Thom son CI DEFERRLro Sutlrrsttt�tl by; p City A d rn i n i s t t �% .. C°k, pope by: Paul E. Cook, Director of Public Work ,.t: End of the Pier Restaurant; CC 665IL Coe*Wmt w►`th Coumil Policy? p� Yes () No* Policy or Exasption Sttrtenrertt of Iwo, Recornnrersdetkm, Aralysis, Funding Sourm, Alternative Actiowrs, A� Aw,wn�t: STATEMENT OF ISSUE: ursuant to Councll approval, bids will be received and opened on Thursday, February 14, 1945 at 2:00 P.M. in the Council Chambers. RECOMMENDATION: L Permit the Director of Public Works to present the bid results to Council on February 19, 1985 at 7:30 P.M. 2. Award a contract to the lowest qualified bidder and authorize the Mayor and City Clerk to execute an appropriate contract. 3. Encumber sufficient funds to cover contract costs plus construction contingencies of fifteen percent. ANALYSIS: On December 17, 1984, the City Council authorized staff to solicit bids for the construction of the Municipal Pier Restaurant. Bids will be received and opened on Thursday, February 14, 1985 at 2:00 P.M. In the Council Chambers. Staff has been asked to have bids ready for the Council meeting of February 19, 1985; therefore, the Direc,-w of Public Works requests authorization to present the bid results to Council during 'departmental Items.• FUNDING SOURCE: Staff has estimated the cost of this project to bil $310,000; however, sufficient funds must be encumbered to cover the contract amount plus construction contingencies of fifteen percent. The total cost of the pier restoration, to data, is approximately $70S,050.00, Funds available are approximately $777,000.00. In addition, Coun..'t has adopted a risolutlan requesting a second loan of $250,000 from the California Coastal Conservan-;; therefore, our revenues can be recapp-ed as follows: Original funds available for pier restoration projects: $777,000 Expenditures to date: 70S 050 Subtotal: 1,9 0303 Receipt of second loan funds from CA Coastal Conservancy (pending): $23Q000 Unspent fund balance: 160 The annual income from the pier concessions has been apptaximattiy 170,000.00. The payments on the present Conservancy loan of $150,000 will be $22,355 annually. Paymeuts an the second and pending Conservancy loan of $250,000 would be about $37,300 annually. ce noaM ALTERNATIVE ACTIONS: i6 Reloot all bids aird fares• project. 1. Revise the steps of the project and readvertise. ATTACHMENTS: Nole CWT:PEC:QRN:jy 03466 DATE: February 14, 1985 ENGINEER'S ESTIMATE: JOB D CC NUMBER: 6310 t000 Municipal Pier Restaurants CC-665 TOTAL L BID AMOUNT CONTRACTOR 180 DAY 150 DAY 120 DAY _ Allport Const. Amiran Const. ,y) Bayside Builders Cavecche Engrg. i Const. Chadco Development Co. 3�3 000 37p 3 � goo a 0 3 Ego Builders FTR International, Inc. Henry Const. H.P. Kent Co. Kropfli Const. �� 3 W-1 10 V C. V. McGuire Const. Quality Const. Robert Reed Const. i q 9e,f 4-�=� 9 700 � Do Gary M. Schmidt Const. Verner's Const. Co. Shale moo. Waudel Const. Co. + Weeger Brothers K. W. Western, Inc. Q-d o A� Q 3 t.. ..i. . � r• rLee �f t1� « '-1 C0«M Notice 1s h oby Oven Mtal we Ctrs Cow%$ of *0 40 ►MrttV40M IlanCO Carllo►nia VA IKwhra 74MI*d bW Poe hew A MM' Pkw ftMwaatl k9 Nis C y ur ! ho ►Vm that k CanawMa W mxw ft rt a vo Mt oleo rAww WW opednesomms and aoaaAl'rarrMwta m me in v a aflwtt of no Olirlaw of PtllMift ww". VOWANu l VA be wreftew an Jammy M O A dWV1 of am, not raww■Mla, we tie roquwad son arch rat of Arid saw ppovIr1d droo tMs. OF PMUC WOM IS""" till"6 tiraa l Ca+�PON v On 1a0 C♦OrM�YIMrN � Lam* Own Owsat" Amernew" I Dom nm Marwalsr brown LAW* goo C•o++wrrVMm Coon 04"d on 106 C4005 AOM 0" 2 Cor+ab'Mot PW F49murwd LW" 0." OMeuetrw Aft ml 1N A Dwut Foo $O►Jar Srrwrn LNVFO iv+ , Gorwvu~ CGIM MAed on 110 C rw►ow►w Can 3 C4nolrud PW MIMONO K LunM Bum OddMe s AM o"Obvs 3A ONrte ibo tlgrr+ W 8,via LWFO so" in smordamm wM I to proatarr m of Saetr n 1773 of the Lamar CaM. OW slate of Caafo"AL Meow of M» OsPWWJWI of btidusetm l ,011A I" doermirm the genorat o wwq to% d umpm apOftebls to *a "" to be dorAL cap" of the M4484 Oft al naps rein dawnrrincAra M We at tllr at the otftre of the City dart and the affiww of the D"NOW of Pk W 'Works of " Caty of HuntwWon Mead CaAtryr iW Plans and spacif5catmona,1090 W wMh proEoW Corm. may be otrtOW*d of the co" of ft Dweclor of PubtC Worki. Cny NO. ltf^ etrgtae *each. Ca lotrus No bed VAI be ►crewed WOO" n M ►r►ada an a 06V4 Dorm kwntM'rrd by b* Dvwor of Pubac Works. The special attwrttat of proapscm br!d ft is creel to tris props" ►epu+►v,m Fts. ast forth in the sp COWatio►ts, far hull dsrwl4 itt as to the bi0dWV The qua nmas we mWoj rrnats only. berrq VMM as a Wrote for WA cmVattson of bift wA ten Cny of HwlWgton bsoch done not aapraON or by ir►t ►sb►te epees that the aetuel an Vint of work "a Ger'r+a Pond tr arfowh but reserves Ms fwd to 10+0Mre of 60or"m ilea arrratrrrt of" class or por% rt of trie Work, as mar be downed n oc immary of ertpodwo" by the Director of Put.iac Wort Ara bids wort be Cantered on the h mW of Do Oksclor of PuW Works estimate of the quNdasm of worts to be da• l SubatrtsRiOn Ol secu"Um for an ►na M 1MMNVPd by INe City to Mtaw�a pertwnmvKo afttll be oernwt.d art aocomMnos .rta1 proyMm" of its Camor?" Govsrrowl Coda. SOCWAI 4500. Each bed shau be m rls rut an a form In be 9MOI tad w the oft+oer of Mr D~or of Pubhc Works. De+oMoPr C-st WrV. 2M Mom SUvO. f AM- rgtor Beach. CaW*rrttar"be seafad rho ModM t � Q*k IN+t Cnr:c Oer►%w. SscoW flowAdmirtlol►atiart em MOn ON wuntrgton asech. Cowomia. on or We a 2.,00 P.M. of Mr the artd onalt be opwwd by a c+ MWdttea Coer4lfiaad of Me Cfry Clark, pe Attorney and threetor of Public Worts or their aAho► a d repro rN &Ove , w4 the reaps of nar0 b40V will be mooned to and amd upon by po Cny Council of raid City of Htrhtrnptart be aCh at Mork � M be hold on Tuesday. the 7SM1 der of POWN ry. "". M ttta how of 7�a P M in trio C►!y Utm-A Chu nbure in Ills ChrfC CarOW of anrld Cfy of ►fmntw4pton Dead The City W (kRtl*Von leach. Caftn" nmorvw the "I to moo shy or as b4s. and to accrpt " bid dsalted far I" beat it lio of the Ctry of Hunfirwon beech. Caktornta by order of the City Council of"City of HuntrVan Beach. Cakfonaa Gels Dec rnber 17. 1"4 i ATTEST Attila waftlw+ r* C" Cwk Put*Mtwr't Orongs CrAM tally Not .iar+uary 24. a 1, FgWua►y 7. tM3 , . .. I A.•.w•• .w t .. •� .n�+vt7•r G4��'•t r;4 !�, I'IC IbfICE l.KPat NIOY'= Ml1R1'NIIM 61AAM 8i cc-"@ "ice It pw o" ttwrt Mq Coy COW45 of on CRv of OWAZ t. COMM& SO - 800 0 aetrad Wk for Ow � ahwAvOtr POS r it O m /um m im tha Dart► del PfM1M1f P" fiaa1B16 cowaya it aooardowe apt On p 1mm and -- - - - It - p - arttt dpr+tAat /rail- - I- t 40 /'n in Ow ofRo► of pw Oyetw of Pow werw f7mmilefrta tta as rat w*W %W Mach art ap+IfalllcMlw�i�rl/ bl� dnwOnW ~ 't 0% M" OWSC 1'OA or fNlfr m Imp" fLB 66ff MY4 r I / Ca+r.ftAilMneMnr �n M C+iMMitelfaare Ow LUMO Own j u flag ryf.w grow Lw•s Sum Invitinq Sealed Hida Ga►w f--r ffesMe 1i0 CcfrwefDnere January 14 January 31 Fobruary 7 February 7 tiept ryIC'1wOn M j t ufw ne Flex lSrt boanm LWW 111w+ :A rwr Opmewwor trom t O..O eh+n+ C4r+ffOrYCW Cara tVMd M 130 C.orMofs►*O OWS 3 co wtn4f Pwr few w fine ta. v melt Maw. Atw+,Mt" lA tames rw tt wWA)w trWM LOMV in &C=danictie vMh ttw pro+ *Wd of Sft"M 1TT3 of 60 LA$w Code. ilia I State of C 0atw. iXrKlor of Ices Ompatirf40. of trldwtrbW Ibbilorra VW dot" w+e " porwrar pra+rt wq rain of w1119an, OPPOCOMw to" wpt► to be done: copos of "WINNOW vow WW too dalorrtrlrtafflatrt ars Ong" at Me otttice rO the Crty CWk ar,A the Ofte of Vw t3'rMW of Pweftc waft o; the City of tummington Belch. Caaornra Plum ano spedflcatwww topaIhsr w0h proposal lorim may tO pfrltl t at trw Omm of the paector of fh,IW tH&U. City Fief. twrrtntpon hoar C*lorrmfa i No ad" bo. trrltae rt is rnatM on a am* NNM StarW- sd by No tafrulorof Pubk works TM opac,af 10110*W of proapeaL4+le btdblM M cMW to trts propmW requwwr+wstt, aet kith in She sprtrMsarrM. Im %A dfIW KM a1 to the bb" rho 116"111 tluanln»e are apwo>lunalhl only. 0" p+wn m a bun fare tht = 1 m+r,t}"on of bras, 014 tht Chy of ►wmtr+pton %a* dew no 1 0 ► or by wwillcaftm mWev that the aCWd wnomM of w" will OiMt~ltl Msrlw "but nwarvet fM nom 10 rwreees or dr""" ttw whowd o` any cuts or portforf of "Q trot. at rney bed"! ! rwcfraWT w esp"1wfi by tM Dwectot of PubMc *W%&. A. olds will be cw+wovd on the boW of a* Dwsela of rSA1tc w.:rkt elruttaoe of the puantrt+w of work to be done. subojivton of tlac rttea for any Orwo witafWd by tfw C*Y to frtaure perlorf w4a shall bo permRtod in micoordeilice oft provwawns of 1fM + Cahtarnla Go%%wnrrw d Co". season -fim Each turd " be rna0e owt on a farn to be oblaln" at try aAl►oe uA Mbt Owlsoor of Pow tb'm*L Dsysfop "ant Wing. 2= Main StssM, mwrrt- • Vow b+w . Catftorrfra ahatf to - i" 4 and "" w" end Coy cl t at *0 Chic C tisr. Second Flow AdmMwtralKrn Widw►q. Sf= UWn 4" A. 1 Hw11►1114", 0 w rf . C&kWnw, on or base? 00 P.M. of pwips" 141M and af+afl W oraarwd by a carMmtlfse rc+++taasaa of No PIOAt. ow cow 1lttorrwy and COOCtor of "-A Waft or tttalr &~Md ►ore;7/r"w" W4 Wo rfrtufts of ssrd b1d6riq we be repo tei 10 &W 11c oe upw$ by go S City Council al saw Coy of Fw Ringt,pn Desch of $her r+DpAw tb bo held on Tuesfty. the 1fMM dajr lot tt a 1 C r wink. at Ica AMir of in M• T.xl P M. City CmuncA Chw news f:•ft•flar a 111119 Qfy of • f•wrt'►ynpfon Beech 7 The Cary of Huntanpton Beach. CoNornra reewvet the t.*%l to mOW arti a "•-� 1 ` Z i �� act lxft arw to aarx -t ale as door as low Pea ,prat re"W" of on Crty a t*a+w+pw Mate+.'.? Jrlomm By attar of We Of Gorr+Ctl of Stilt Sty r' Huritnglon F4feoh. CetMarrw thw pprigwwr 17, ifDN c ATTEST t Aida tf mmolt + Q f CIoAt Pabashmd Oram" Cast Ds*y i%W JwvmV ?s. 3 t. f owuery 7. ifs •. Aar , 1 . • f•wrt'►ynpfon Beech 7 The Cary of Huntanpton Beach. CoNornra reewvet the t.*%l to mOW arti a "•-� 1 ` Z i �� act lxft arw to aarx -t ale as door as low Pea ,prat re"W" of on Crty a t*a+w+pw Mate+.'.? Jrlomm By attar of We Of Gorr+Ctl of Stilt Sty r' Huritnglon F4feoh. CetMarrw thw pprigwwr 17, ifDN c ATTEST t Aida tf mmolt + Q f CIoAt Pabashmd Oram" Cast Ds*y i%W JwvmV ?s. 3 t. f owuery 7. ifs •. Aar , 1 . NOTICE INVITING SEALED BIDS �r CC-600 Notice Is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bide for the Construction of the Municipal Pier Restaurant in the City of Huntington Beach, California in accordance with the plans mid spycations and special provisions on file in the office of the Director of Public Works. Documents will be available on _January 22, 1905. A charge of $30.00 not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity Construction Costs Based on 180 Conwutive Day 1. Construct Pier Restaurant Lump Sum Deductive Alternative IA. Delete Fire Sprinkler System Lump Sum Construction Costs Based on 150 Consecutive !Jays 2. Construct Pier Restaurant Lump Sun Deductive Alternative 2A. Delete Fire Sprinkler System Lump Sum Construction Costs Based an 120 Consecutive Days 3. Construct Pier Restaurant Lump Sum Deductive Alternative 3A. Delete Fire Sprinkler System Lump Sum In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be donel cuples of th% latest general wage rate determinations are an file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beech, California. ' Plans and specifications, together with proposal form, may be obtained at the office of the Director of Pubitr. Works, City Hall, Huntington Beach, California. No bid 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 rentoir^ru-nUt. nr.i frr•l- • fo-- specifications, for full direction as to the bidding. The above quantities are approximate only, being given as a basis for tale compa;tson of bidst and the City of Huntington Beach does not express or by implications. agree that the actual :mount of work will correxpond therewith but reserves t►tie right to increase or decrease the, amount of any class or portion of the work, as mh-,, be dremed necesnarr or expedient by the Director of Public Wcrks: 4 N-I All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Suhstitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Sec-tion 4590. Each bid shall be made out on n form to be obtained at the office of the Director of Public Works, Development Wiry, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Deach, California, on or before 1:00 R.M. of February 141985, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representatSve and the results of said bidding will be reported to and acted upon by the City Council of said City 19.0% of Kintington Beach at their regular meeting to be held on rrtS•�af!, the ! . h of Februwry-, 19859 at the hour of 7:30 P.M. In the City Council Chamber% in lem Civic Center of said City of Huntington Beach. The City of Huntington Beach, California reserves the right to reject any or all bifltz, and to accept the bid deemed for the best interest of the City of Huntington Beach, California,. By order of the City Council of the City of Huntington Beach, California this December 17. 198 . '1 ATTEST: Alicia Wentworth City Clerk N•2 s*M+n.e by: Pi@" by: Subject: REQUE,&# FOR CITY COUNCIL ACTION Honorable Mayor end City Council Charles W. Thompson, City Administr Paul E. Cock, Director of Public Works End of Pier Cafe .. 1� S I -`! � q I __ C ; Sntement of IMA, Rsoomntxlstion, Analysis, Funding Source, Attarnatiaa Asrt wo. AtUmbMwts: STATEMENT OF ISSUE: t The plans and specifications for the End of the Pier Cafe are complete, Adequate funds we not available to complete the project. RECOMMENDATION: 1. Approve the plans and specifications and outhoritr! staff to solicit bids for construction. 2. Adopt the Resolution requesting an additional loan amount of 1250,0'00 from the California Coastal Conservancy. ANALYSIS: .1effrey Garner, Architects, have cornpleted the r,nstructivn plans for the new pier cafe in occordence with the design approved by r:ounc!L The Costal Commission permit fa the plan has also been received by the City. The project for reinforcement of the pier structure and addition of r boat lending ramp should be complete in a few weeks. The total coot of the plot restoration project, including the contract now nearing co►•npletion has a-mm $7059050.00. Funds available are approximately $7771000.00. the architect's estimate for the new cafe is $225,000.00. In addition to the cafe, a new sewer lift station must be provided at a cost of about $25,000; a natural gas service at a cost of $20,W01 new fire line mW sprinkler system at a cost of $i5,000i and Lpgradinq electrical service and ccmutruct Ion of a nvKh*Ncal service building to house electrical panels at a cost of $25,000.00. These coat ostimetes total $310,000.00. The primary reason for the considerable coat overrun was the expenditure of nearly $200,000 for reinforcement of the pier structure to support the now cafe. The City has negotiated a 5130,00G9 8%. tat: Year loan from the Cosetai Conservowy. Conservancy staff has Indicated that they would present a request for an additkww loan amount to their Board. FUNDING SOURCE: THe source of Income for the project to this point f4w been: Insurance Reimbursement $426,1310 Orange County Honors and Beach 2009000 Coastal Conservancy Lunn 100 0 Annual incorro from On pier corceesiorm has been approximately S7QJXWAQ. The payn+or:tca on the present loan will be i221,35S.00. Paymwts on on additional SZ%1v OQ Main womid !rs ab" $37,300 wv ually. NO "1 n RESOLUTION NO.�4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING ADDITIONAL CALIFORNIA COASTAL CONSERVANCY FUNDING TO UP- GRADE THE CITY'S MUNICIPAL PIER WHEREAS, the California Coastal Conservancy previously agreed to lend the City of Huntington Beach money uh 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- runs in reinforcing the pier structure and upgrading its utility services, NOWt THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby request the California Coastal Conservancy to grant an additional loan in the amount of $250#000 for reinforcing the structure and upgrading the utility services of the Huntington Reach municipal pier, damaged during 1981 % inter storn:a. PASSEi7 AND ADOPTED by the City Council of the City of Huntingtov Beach at a regular meeting thereof held on the day of� , 1984. ATTEST: City Clerk !Mayor APPROVED AS TO FFORM s C & y*44A .. y nor ae 4 r . , A atea � OF ROM INTER -DEPARTMENT COM MUNI"XION To CHARLES W. THOMPRSON From ROBERT J. FRRNLj C' "t City administrator Adrr.Inistretive Sarykas SubtGct APPROPRIATION FOR Date DECSKBER E, 1964 RECONSTRUCTION OF THE END OF THE PIER CAFE F.I.S. i 85-15 As required under the authority of Resolution 4832, a Financial Irnpeat Statement has Wets prepared and submitted purm ant to the proposed reeonstnmtlon of the End of the Pier Cafe as well as other attendant associated expense:ti. Estimates are that an appropriation of $250,000 would be adequate for this purpose. An affirmative ►v ponse by the City Council will reduce the baMu". of the City's unapprWriated General Fund to $3,577,093, pending potaible reimbumarn+ent in the fu'.ure by the Califomla Coertal Conservancy. on Administroti RJF:skd Attachments 0937 j if 4 • FISCAL IKPACT STATF.MXNT �4r• END OF PIER CAFE Y 1. Budget Status The project is "budgeted" but the fundinq is insdoquate for completion as designed. This ie because of the uratxticipaatod high costs of piling reiniorcere.nt and now utility lines noted in the RCA. 2. Total Costa 1%. Direct: $113,984 in total interest pain to the Coastal Conservancy (at St amortized for twi years) . $250, 000 leant to the City by the Cowervancy. B. Indirect: arose of earning capacity on the 3113sM paid to the Conservancy. 3. Fu«n« dipi , Source A. Fonds: Coastal Conservancy $250,000 reconstruction loans City General Funds $113s464 for interest on the loan. lip 3. Revenue Sources: Funds derived f raa the use of property (pier concessions) . C. Alternative Funding Sources: None D. History: Conservancy funds have been used for this purpose in the past and general funds have ba*n used to pay the interest. This in the saw plan used to finance n prior 0,150,000 loan abrainea from the Conservanvi. 0 Submitted to: Submitted by: REQUEST FOR CITY COUNCIL ACTION Honorable Mayor and City Council Auto � t~ r 29.. 12U ED aY CITY COVINCIL Paul E. Coo, rector o='ublic Worka '�" Prepared by . kDif` 1 L ;.rid of Pier Cafe. f CITY CLI-ii. __... .._..._...�__.._ .�...,..........._.. _. = X #'V �w t Statlawnt of Issue, Rcaommendntion, Analysis, Funding Sourcer, Alter =tine Actions, Attachn�ants: STATEMENT OF' ISSUE: The plans and specifications for the End of t.hi; Pier Cafe are complete. Adequate funds are not available to complete the project. Charles W. Thompson, City Adminisiret RECONIMENDATION: I. Approve the plans and sf:ecifirntions and rautnorize staff to solicit bids for coeistruction. ?, Adopt the Resolution requesting en additional loan aMOUnt of S250,000 frc,rn the California Coastal Cnnservancy. ANALYSIS: Jeffrey Garner, Arcrnitec z:, ~eve coy►►ple;.ea the cc.+tstruction plans for the new pier cafe in accordance with the design appraved by Council. The Coastal Con-iminsion pert+ail for the pkin has also been received by the City. The project for reinforcement of the pier structure and adaition of a boat landing rwnp should be complete it a few wicks. The total cost of the pier restoration project, Including the contract now nei ring completion has been V05,050.00. Funds available. are approximat.es!y $777,000.00. The arclute:.:t's estimate for the: new cj6!e is $225,000.00. In addition to the cafe, a new sewer lift station must be provided at a cost of about $25.000; a natural gas service at a cost of S20,000; new fire lime and sprinkler system at a cost of t,15,000; and upgxadin,; elertri:al service and construction of a mechanical service building to house electrical panels at a cost of $25.000.03. These cost estimates total $310,000.00. The p,•imarr reazon fur the c:onsicler6blfr Cost overrun -vvaa the, experwiture of n►;arh $209,000 for re<srnf;�rc:e+r1en1 of the pier structure to support the view csfe. The City has negotiated a $150,WQ, 8%, ton year 10011 from the Coastal Conse ['Vh.r:cy. Conservancy staff hits indicated that they would present a request for an a1ditional loan an*unt to their Board. FUNNING; SOURCE: he source of Income for the project to this point her been: lnu4sence Rein►bursement $4269810 Orange County Hcarbars and Beaches 2009000 Coastal Conservancy Loan 150 000 $776tBlB Anm al Income from the pier cork:essions has been approximately $70,000.00. The psym nts on the presesnt loan will be i.22,355M. Ps►yments on an additional f2.50,0M, loan would be about $37,300 twinuaiiy. 1� ALTEYNATIVE ACTIONS: 1. Decrease the size arvj scrape of the project to within V& remaining funds. 2. Utilize General Funds ATTACHMENTS: Rrnvlution Requesting Additionel Loan Funding from the California Cosatal Conservancy C1k T:PEC:LE?jy 02919 1 9 I IWMER•DEPART1MENT COMMUNICATION To CHARLES W. THOMPSON From ROBERT J. FRANZ, Chief City Administrator administrative Serview SubjM APPROPRIATION FOR DaLe DECENIBER 6y 1984 ,RECONSTRUCTION OF THE END OF THE PIER CAFF F.I.S. 185-18 As required under the authority of Resolution 48329 a Financial Impaict Statement has been prepared and submitted pursuant to the proposed reconstnktion of Ut End of the Pier Cote as well as other attendant isssociated expenses. Estimates are that an appropriation of $250,000 would be adequate for this purpose. An affirmative ►vsponse by the City Council will reduce the balance of the City's t appmg2iated General Fund to $3,577,093, pending pwzitle reicrinusernent In the future by the California Coastal Conservancy. r' AdminiArati4c Services Dcpd .1ment ' RJF:s:►.d Attachments FISCAL IMPACT STATE.4ENT END OF PIER CAFE 1. Budget �Status . The project is "budgeted" but the funding is inadequate for completion as designed. This is because of t1e un&n. tici.pat&d `nigh costs of piling reinf.rrcement and new utility lines noted in the RCA. 2. Total Cow A. Direct: $113,984 in total interest paid to the Coastal Conservancy (at St amortized for ton years). $250, 000 lent to the City by the Conraerv.%ncy. B. Indirec:t: Loss of earning capacity on the $113,984 paid to the Conservancy. 3. Funding Source A. Funds: Coastal Conservancy $250,000 raconstructien loan; City General Funds $113,984 for interest on the loan. B. Revenue Sources: Funds derived from the use of property (pier concessions). C. Alternative Funding Sources: None D. History: Conservancy funds have been used for this purpose in the past and general funds have been used to pay the interest. Thia is the same plan used to finance a prior S150,000 loan obrained from the Conservancy. r to -IN n. RESOLUTION NO. 5477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING ADDITIONAL CALIFORNIA COASTAL CONSERVANCY FUNDING TO UP- GRADE THE CITY'S MUNICIPAL PIER WHEREAS, the California coastal Conservancy previously agreed to lend the City of Huntington Beach 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- runs in reinforcing the pier structure and upgrading its utility services, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby request the California Coastal Conservancy to grant an additional loan in the amount of $250#000 for reinforcing the structure and upgrading the utility services of the Huntington Beach municipal pier, damaged during 1983 winter storms. PASSED AND ADOPTED by the City Council of the City of Nuntington Beach at a regular meeting thereof held on the 17th day of December , 1984. ATTEST: r�z-' jaw Clerk 1. W� �Mo "_ FPO mayor APPROWD AS TO Ir r • y Atorrft r REVIEWED A PROVED: INXTIATED AND APPAOVED: •� r CTT- y Administrator D rector--ofre-ctor--of Public Works 0334L- 0 2. • .. _a. No. 5477 STATL OF CALITMIA ) 1AXWff OF CaWAR ) s s CITY OF Eit1Kt' Ii1 ON D IACR ) 1, ALICIA M. WEMOR'N, the duly electvd, qualified City Clerk of 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 the City of Huntington Desch is sever; that the foregoing resolution was passed and adopted by the affirtwative vote of sore than a majority of all the member@ of sokid City Ctuncil at a regular westing thereof held on the 17th._ ,gay of —December__, 19814 , by the f of l wing vote: AYES: Counc i liven : Kelly, MacAllister, Mandic, 8a leyj NOES: Councilmen: Finley, Green w. • ABSEKr: Councilmen: Thomas r�V. e� City Clerk and ex-officio Clerk of the City CowAcil of th+s City of limtingtmn beach, Californl& The fcrtlPilll instrument M a Carl Opy of the o: Ili" M. lik is this DP N% fittest t!� ��:e �t. w n•� , Tw t rtr Ck-A i'td Ix -On kb Chit d t!Mt C* City a WdWft Caoor*& a, CITY of HUNTIr'1 G TON BEACH 2000 MAIN STREET CALIFORNIA 926M OFFICE OF THE CITY CLERK February 26, 1985 FTR International, rnc. P. O. Box 10426 330 Washington Street Suite 312 Marina Del Rey, CA 90292 We are returninq your bid bond which was submitted with your proposal for the construction of the Municipal Pier Restaurant in the City of Huntinqton Beach, Project CC-665. The contract for this job was awarded to Kropfli Construction Company of Long Beach. we would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure t Toww:a+4 7 t 411.*5?17, '�. CITY OF HUNTINC TON BEACH 2M MAIN STREET CALIFORNIA 92W OFFICE OF TIME CITY CLERK February 26, 1985 K-W Western, Inc. 17905 Sky Park Circle, $L Irvine, CA 92714 We are returning your bid bond which Has submitted with your proposal for the construction of the Municipal Pier Restaurant in the City of Huntington Reach, Project CC-665. The contract for this job was awarded to Kropfli Construction Company of Long ©each. We would like to take this opportunity to thank you for your interest in suhmittinq a proposal. Alicia M. Wentworth City Clerk A1MW : b t Enclosure ITrtrpi4 " 7145X62171 ..errC�' 4 CITY HUNTIN ACM 2000 MAIN STREET CALIFORNIA 9204 OFFICE OF THE CITY CLERK February 26, 1985 Quality Construction Manager., Inc. 10005-A Mui.rlands Parkway Irvine, CA 92718 We are returning your bid bond which was submitted with your 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 Kropfli Construction Company of Gong Beach. We would lik,- to take this opportunity to thank you for your interest in submitting a proposal. Alicia 4. Wentwo. th City Clerk ANW:bt Enclosure ( raggo " 114.436 12271 i. CITY CIF HUr''�t"� IN10' 2000 MAIN STREET CALIFORNIA 9264 OFFICE OF THE CITY CLERK February 26, 1985 Cavecche Engineering and Construction Company, Inc. 4215 Katella Avenue Los Alamitos, CA 90720 We are returning your bid bond which was submitted with your 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 Kropfli Construction Company of Long Beach. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AKv1: b t Enclosure ltoftstwn. 71462- MI tom... ATD P'FOOM FAQ! �4vkrepfll Construction Co. . c. FixM NOW 7b that Hm=able ?%jvc and City C)m=il, City of Hmtington imo h, California: In osnp! Unce with the notice inviting scaled proposals for the Municipal Parr Ik�staurant CS•-•680 I hereby prgpwe and aciree to enter into a contr•2rct to perform the work herein das`cribed and to f,,unish the matarials therefaxc aca2rdiN to tte plans, spoc:- ficat= s and spacial provisi w for the said work and to the satisfaction of aid under the supervision of the Director of Public Wbrka of said City of Huntington Beach, ChlifrzrLia. The Undersigned has not aocepUid any bid f tvm any subcxantractor or matey ialmzn through any bid di*c sitory, the icy- laws, rules or rogulaticcvw of which px-dIibi t or prevtmt the ccntrarc,•t or from outs l:k--r u*4 arty bid from anymg.tr&_-tor or materialnw which J.s not S=esstYi througi, said bid ck,1xisitory, or whict. prevent any sutaaantractor or motor ialra n f trtam b uiciirq to any contractor who erns not use the foci 1 i ties of car acoe►-pt bids f rcrr, or thr x4i surd sid de"i Cory . For the furnishing of all labor, aaterials and caquipnwt, and or all irncidental work nwxssary to deliver all the impr v menta oor.nlete in plrce in strict con- formity with the plain, specif ica►t cwts and spacial provisimu, an file in the office of the Director of Public Marks, City of Wntington br*di, CaliforTua, propDw and agree to take full l paymrnt therefore at the fol lc wing unit in- ims ; W wi. r_ : :ITf i f APPFt^�C11�1 Y 11124 %7TH I,NIT PFt.IC7: � UNIT Wt?ITT!?: IN WM'r; ` (1J:l!it.I'1l't.1C11 ct)St'i 111:l x: CY1 180 �f►:w'C11t l��' ��1J;i 1 Ia;;LC: .r� . i I I, 1A 1LijJ !;L'n t.'+XL'it-mbl. P14.1 u►r�I Lrlc' cx7s:t c; ���f S' c n� r'� �rir►k lr•r i1�i►'t'�•t! Alti'Izk'ttIver, Lt• letsi f'; rv, r-utik lt%r !'Y. c�+� R _ ''r scm. V(. MIN AkVFCKDV= MM IMM LWT MICE NO. QUAMM Will."= IN Wa" PRICE 70M Delete G" Urie i Appat&wmt in. Luap San per lurlp sum Const.ructiai Costs Based an 150 Cbnsecutive Days Ca-istruct Pier Restaurant (mat include costs of fire sprink:^r 2. Luap Sun sysumn & gas line) per lump sum Deductive Altematives 2A. 1AVV Sum Delete Fire Sprij*ler System per lurp sun 28. lArp Sum 'r hry sw axis txv_-u an Costs KxsM cn 120 CcnsecuLive Days 1Cans truct Pier lkssUturant Onwst i wiclixiv a�ts of fav wrUlkler 3. Uri) SM! f;y%'U!M to 9W1 111W) -1 1 try Sun 1A',dW1 A %V Al tv-rnaL ives IA. 1AVp Sum Dt , 1,v Ur I iv r I rLk 1 e r Sy a tar NMI auin OvIew C*U; 1.111L. 4 3B. ujq.) San WTI, SU11 60 ��c�d 10 O i.. - - -- -,- ... it is ur srOtOW and : +ie�d that th$ aPPIreoriNat* quanses *=m in the foregoing pcvposal scfiedulm are irolsly for the paviome of facilitating the of bids and that the i s en coapratieabe aareputad upon the basis of the actual 96nsttiti� in the oc Vl stsd work, whether they be ergs or leis than xhcAm sh� Miry at the unit Micas bid in the p q*ml sc#odul.e. The unbmipmd un3entstods the contract tim limit allotted foot the contract is 190 m mcutive calendar days. If awarded the contract, the undaraignsd hereby sgrees to sign said contract and furnish the Mary bcods within. tan (10) days of the award of said eontrac--t, and to begin wack within tan (10) days from the date of approval of the vontract by the City of Rmtizqtm 9mch, California. ItIm Undersigned has exanixmd carefully the site of the work eontaWlated, the pl.am and specifications, and the proposal and contract F , m therelfor. 7he submission of a bid shall 'be conclusive evidence that the bic3c3er has investigated and is satis- fied as to the oemoditions to be idmmtered, as to the character, :ZLu i ty j " wr*e of work to be perfomd, the quantities of materials to be fnunistxrd, and as to the requirmwit of the paopoial, pl.are, specificaticm, and t•he contract. Amxmpwqil,q this p opogal is B i d d P r' n •; ,i n d (S . NDTIM Limart the words "Cash," "Certified Chme C, " ex "Bidder is Bond," as lhie case may be, in an mu=t equal no at least 10 1*xoent of the total bid price, payable to the City of Huntington Bench. The undersigned deposite the above none so--Lwit-y as a prc zs l guaranty &-d atp•cmas that it shall be forfeited to the City of Huntington coach as liquidated dw.kiges Ln calls this proposal is accepted by the City ani the uraderaignnd shall fail to cx-:cuty a contract for doing slid work and to furrAsh gcxod and sufficient hcads; in the form met forth in the specifications and contract docuveents of the City, with surety watisfacto ry to the City within 10 days after the bidder Has rcx)e iwed wr:► t tm noUct of the award of the ermtractt otherrrige said saL=ity shall be retwTieci to thr• �mrk,z signed. Liow"d in acoordamm with an act providis-*3 for the registration of =itrart Ut--A"%-4.- S 1 Y. A tLU-0 Of B l.ci,'*x a minass Address Flamm of havidenco : ' •` , 1 Da►tad th.i s `� _ __. day of r , m r %- Bidde Weill siltnify r"xpt of all Adrlmia }•tee, if any: 14&iarndun No. Aa W PAXV i M! P-3 ' Bj(kkw' a Signature Biddw is rrq A red to supply the follc'yrirul i.nfonation. Additi=&I dmt s may be attedw if . 1. rim 12m Kropfll Construction Co., Inc. 2. Ad&.Nw: 19 X i m e n o , Lon p- Beach, C a 1. 9 09 033. Telephone: (213 )4 3824 08 4. Type of firm -individual, or corporation: Cnrporation - 5. O=poratian organised un wtr ttw Laws of ttw state of: California: 6. Urntract=I a License Number: 1 F 3 3 57 7. List the nmmm and address of all mtecs of the firm or xmues and titles of all officers of the xrporation: Pete Kropfll - President - Nar¢aret K. Kropfli - Sec/Treas. �. M. Burrous - Vice -President Falter G. Krorf 1 i - Chr/Bd . 8. Mmb ar of years experience as a omtractor in constrxx t- i.on work: 35 Y e n rs 9. List at least cix projects completed as of recent date: CC3.1'': N.'T CLASS OF 7 -- DA7'r. mamir ww ME, ADMZS L PWjtj : NLMM aF CMOMj I F+1r1 t►-!7ri�fi1 Fite 1 I t: r- ,vre, bra►irh -•.0 1 1 1 Apra z�i c Wj7. 11•ti• rr7�� ?r,� I.7 7, 1 c c� ::, �.,r. --%f ..ten: ltow-h ('131t,-�n_�•n�a1 rtrnr^ t.T�.r1y ��� ,tti. ,f.��•�� yr+�r,l� (.''�}�;��t_��K,S 10. List the rAva of the per ;icon who ins} wicwd the a i to of they pr gxmfxi work fur your f irm s r r• r �' 1 i [late of Inspect: i caps 1 / ; ' + • / + r 11. If reyuest.ed by taw City, thrn birSM- sM11 furniuh a rtotm izerl fijuucial state*:mt, fimmial Mtn, or athnr information and mforwy-va sufficiently cti.r,Tx'Wh"i VO do P'jnot t an a 4wai sa 1 of, his currmt f inawi a 1 cxxd i t, i cri , P-d N DESIGNATION OF SUBCGNTRAC RS S In CWpliance with the "Subletting mid Subo ntrmtlM Fair Practioetr Act" being Section 4100-4113 of the Government Ord of the State of California, and any iwr nta thareto. each bidr3er shall art forth below the name and location of the place of business of each subcontractor who, will perform wog.-k or labor or to wuy' ,sarAce to the prise contractor i.n or about the cotu&=ctIon of the work cxr ingwomisent in an accunt in ex&ss of one-half (1/2) of ore percent (1%) of the prim r' a total bid, and steal l further set forth the won of the Wick which will be done by each aubcmtractor. only one f►jr each portion shall be list -ad. If the contrac0or fails to epeeify a subcontractor for any portion of the work to be parfonaed under the contract, he shall be deemed to have agreed to perfa m such pcct•ion hitasalf, and he shall not be permitted to subcontract that portion of the work ammpt under the conditions hereinafter set forth. Subletting of rrubcontracting of any portion of the mark to wtuch no subccntractor was designated in the oriciinal bid shall only ba permitted in cases of public +rwargssY.y or nwassity, and than only after a firdbig reduced tr, writing as a public z�acord of the Legislative Body of the owrrr. PGRTICN - `� s 1711'E LImm, i Cr wow ' S MWE AND ADMESS ' NC HRM ! : IASS AI T r By cubmi ssion of this proposal, Ov c -mLrwtor cvr*.i f ietc : 1. 'Chat he is able to vwi will perform the Lwl.vxr tit all sA rk which in awerad in the abm-e cnkmntrac-tor l int.i.ng. 2. 7bat the City will be furniatmKI +a.1.11es of all MA)r-,xltracta rnntercii into mW bonds fur I*wd by ►rutrcmtrlac.tor trr this pro jet P-5 ;,& CITY OF HUt01`'i"1t''V�r""�'+L N BE H 2000 MAIN STREET CALWORNIA 92W Paul E. Cook Public Works Department Director HmtirKjtm Heoach M.nicipal Pier Restaurant (714) 636.5431 CC 665 NV- Ml No. 2 February 8, 1985 Notice to all B idders : 'the following revisions and additions shall be mde to the bid domrmt:.s : sheet it Of the restaurant plans: Under "Soil, Waste and Vent PipiN" Ehe�folic-W-1 g "Cast hors pim or*.......... ' :sheet i2 of the restaurant �l,arhe w: Kitchen walla sham on :t K-1 of 7 lieincluded in contract. A2orriutg sheet /3 of the restaurant plans: The "ClvuW Roan" shall be relocated to the second floor per the at �d dra�+rriing lalxel,ed "OuvW Ibum Drawing." ling sheet 15 of the restaurant plans: Under "MeW ibof" Note (i1 -- chanw 24 cla�ixr" to "20 once" comer roof. Regarding sheet K-2 FTuiarunt Sett Kfule (71sis is a clarification of hdJa11) Note_' - T terry; 3, 5, 9, 1-1, 21, 22 6 23 are app l i cab be to this om tract , .irregardle ss of What is stztiod cry shwt K-2. AE arciing si ee ts_S _ 1 6 S-1A - Tvse stwvts w-- rx-► inr. l ucied for re femnoes only; hoer-. ever, theav draw ux; n,, t tsc um w l y st)aa the mtrije r of exi s ting piles cu, the Lm! locust iorLs . Pt!— 2a -ding shr.-v t 010 o ► th :t.aur!y .I.)Lans : Vil n slx-v t is uvxrT) le to &-vJ sha l l tx� voided. Slxv t s K- l -1%j ur.r;t, t'- � ��rtic lo�� tv in shall Replace sheet f 10 . tC-c aetiis es P-1 _6 P-2 of th. Pic'-- nu PrLIcrud Ebr: Void ori(;"-il pages 11-1 t P-2 rst '.��ui.,titute_•-ricica�xti�t'•�viw� [i �.J.ws P- I L P-2 . 1i!S 1tLii g arc:hi,tr►ctura I dt a m(rs : lip Id for a loctri ca 1 E-quilirrnt roan (lx-.e ar(J6tj--ct,ua1 tilt-ttti )., 2,~4,13, 0, s% lea pus .ataLjjLkj) . You �uv rt•gx-,st -- l tc; t4- of this adAttl►:.him IvIor and tv-m i a ms}.ry of this acWn lun r r i t.h your b 1 d pr q-tea l . wry truly ycxsrb , Dilttitor Lot Pt9)l.:r Irk rks PIV : DIV i JY 'thin ig to ackrKmoh ei►.jv receipt mid m-view of kiletuh n ?*-). 2 dAted 11,1.ee iary 11, 19HS. it in txvk,rat�x,,i twit tlx., mvisim or flew evx.,%tr,►nta r uin 1xs,irx-lu5c!=1 Ali thy! wid e1�ey •rin'.Jltii • � �^�� J Kr to) fIi C-intr0 ru^tIon_�^.1! Inc:. 2/n%''S Shoats S- I IS- I A 1. provided for reference- egarding Section 7.2.2.1 (Lor4stwernen's and Harbar Workers' Connwwation Act): The general contractor awarded this contract will be required to comply with than Lorq*wremen's Workers Compensation Act. Your bid price must reflect any additional coats in insurance premiums. You are requested to acknowledge receipt of this addetxkxn below and return a copy of this addendum with your bid propasel. —4,ry sty y�. Peal E. Cook Director of Public Works PEC:JF'M: This is to acknowledge receipt and review of Addendum No. 1 dated January 3, '15. It is understood that the revision of new documents shall be included in the bid docL t% Kropfl! Constructinr, Cn., Inc. Company 211 5 Date 0335(1 if Pete t•ropfli jJ By •a +• �F u ! +S r ' L o' f , wrzr �R Yt,•.,4. r ," • � .1.�,�� ,y.,.,3� } � v ll ,� ,r 1���r t..��r� + " r i', � i ..f 1 � 24 q �{y{ . y .:, :. - f, j, "4 �I}{, ��� �XS '�/� .r ii.r, )� 4 . l . , ry, �1ti•� �'( it � I aJ 4, ii 1 i is � Y � f •Y� I� �}�•1'7� 7. 7 M x . �•. �rl A �'.. .1 .. .'' h.7; '��v /�; � •' ? ti' .7' �. � r fti.��rL !*%., "Y y� ,Y � y r � � r�� �� �T-4. . � {.. ,Y, '�r 1 '`Y yy., 'r.�'r ��t, ��h 4�', � I 1 •'� hJr 4 .1r.�. 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', y,a Pt, �.(,rj f. � •�$J� •` ,rl� ��' �i-� �+,µ• rJ'.�rf�,4, nl^�• � �'d.�'�i��l ;�.Y'l\� ti4'�'� A i.r n4 L;���c'Cr %y, '! ..,y. r , A 1 T ',�.• Y 1.,•`. �..�• �i 4,, r 'P' 'r 1 !y �Vt ��rt 'k �' -k�ti ,�..'..�` •�• _��T'1 .n�- ; ''1+ ti,. ;,` t "h;,� �r.�' /,s 1 �.:r •o.u,..r.af.l.i., Ir ,,� :a - +r4�1`, k.r{,:,'. J.1 - }+,,:i I ,.1�„•r JT) i'�, .4•r . �' it. q' � r •.f ,�• \J ' r rI ,r'.��! , r r{L:' r 'M� � IV i'�. ,.�Tl'" i��i r ' •a ,a �-l.1�.� 4 �, �.:r'M7`�, �,.i, � � � � �. .. ��t -w . .. !. y � �' , J ' 1 ",a.�� r �v �, r� , t �;F �. `�.•�w 5 wJ,i,� �+i � � R ..INiI dF +•' . +4�, ' - 1 Wl+ To the City of Nun;ingtor Gc-ich, Dnp,�rt.nent of P+mic Wnrkst The tindersignr► 1 in sutimittinq a hid r7r ;'r!rf^r'1i+1t} tho `ollo`vinr 'vci;t by being duly sworn, decnses and says: Ttiat hal has nit, !ither directly nr imiir+.r.tly, en it rrr! jn;r, ,fin•,• nnt. OArtiripatel in any collusion, or nthr!r••.1!:r! any ic;irl in r^-train; 1f Iron competitive hiddinr► ;n cinncc;ion cur.') cnr',rart. Krorfli ;nnstruct:ion �o. , Inc. r—