HomeMy WebLinkAboutC-1276 - Corona del Mar State & City Beach Park, food & equipment rental concessionC -1276
See Contract File for
Floor Plan, Elevations, Details
THE TRAVELERS
Certificate of Insurance
This is to certife that policies of insurance as described below have been issued to the insured named below and are in force at this time.
If such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate,
TEN DAYS written notice will be mailed to the party designated below for whom this certificate is issued.
1. Name and address of party to whom this certificate is issued
2. Name and address of insured
CITY OF NEWPORT BEACH
KILMER ENTERPRISES, INC.
3300 W. NEWPORT BEACH BLVD,
1843 PORT KIMBERLY PLACE
NEWPORT BEACH, CALIF. 92660
NEWPORT BEACH, CA. 92660
L J
3. Location of operations to which this certificate applies f J J
4. Coverages For Which �
Insurance is Afforded
Limits of Liability
Policy Number
Policy Period-*
Workmen's Compensation and
_
Compensation — Statutory
_
_
Employers' Liability in the state
named in item 3 hereof
Bodily Injury Liability
J
— except automobile
$ , OOO each person
$ 11000 , 000 each occurrence
$SINGLE ,000aggregatet
�_N,luding Protective
LIMITS iCompleted Operations
and Products only
----------- .._.__.__________________________
Property Damage Liability
_ __________.._.- .._.- ._...___ -__
I N CL .
— except automobile
$ , 000 each occurrence
— _I_�luding Protective
$ , OOO aggregate
p I� 7L
650- 288A_O94- 2CQF -Z6—
Q3—J-7 7178
Bodily Iniury Liability
— automobile
E , 000 each person
$ , 000 each accident
$ , 000 each occurrence
Property Damage Liability
— automobile
$ , 000 each accident
$ , 000 each occurrence
Liability (Bodily Injury and
$ , 000 each occurrence
Property Damage)
$ , 000 aggregate
$ , 000 each occurrence
Catastrophe or Excess
$ , 000 each aggregate
i$ , 000 deductible amt.
*Absence of an entry in these spaces means that insurance is not afforded with respect to the coverages opposite thereto.
*'Policy is effective and expires at 12:01 A.M., standard time at the address of the named insured as stated herein.
Desch tion of Operations, or Automobiles to which the policy applies: OP ER AT I ON O TH E I NSURED
CITI� OF NEWPORT BEACH, IS HEREBY DECLARED AS AN ADDITIONAL INSURED
CONCERNING THE FOLLOWING LOCATION: 900 SHORE AVE, CORNOA DEL MAR STATE
BEACH, NEWPORT BEACH, CALIFORNIA.
The insurance , ffurde�f is sub'ect to all of the terms of the policy, including egdorsements, a plicable thereto.
Producer L�UREL IN. A GCY. _ D(ee.00F� -189 —T—_72 JS
EQUITABLE FIRE AND MARINE INSURANCE COMPANY THE TRAVELERS INSURANCE COMPANY
THE TRAVELERS INDEMNITY COMPANY
By THE CHARTER OAK FIRE INSURANCE COMPANY
Secretary, Casualty - Property Department By et..-....�---
C -5918 Rev. 7-68 ve:xrEO :x u.s., 371 Ser>Cfary, Casualty- Property Department
'LAUREL INS AGCY HARTFTHE
ORD, TRAVELERS
CONNECCTNCUT
CANCELLATION NOTICE. Please take notice that the Policy designated below, heretofore issued to the insured naf
such cancellation being effective on the date stated below.
❑ NOT TAKEN NOTICE. Please take notice that the Insured named below has not accepted the Policy designated belo
come into force thereunder,
❑ AMENDMENT NOTICE. Please take notice that, effective on the date stated below, the Policy designated below has
NAME AND ADDRESS OF INSURED
GORDON D KILMER 259 CABRILLO #B, COSTA MESA CALIF
PRODUCER IS$i
LAUREL INS AGCY
POLICY N0. EXTENSION CERTIFICATE N0, EFFECTIVE DATE OF THIS NOTICE VAT
NO 7819499 M 90 1071 1 2.
ro�w-, a 16140c
Ed therefor rf nsueAC�II' 3
C,101)-OA 01
en amendedB
WRITTEN NOTICE 15 HEREBY
GIVEN TO YOU ASI
THE PERSON TO WHOM AN
SURANCE CERTIFICATE
❑ WAS ORIGINALLY ISSUED;
AN ADDITIONAL
INSURED UNDER THE
TERMS OF THE POLICY;
A BANK OR
❑ A MORTGAGEE; ❑ COMPANY
T -CITY OF
NEWPORT BEACH,
THE
TRAVELERS INSURANCE COMPANY
3300 W
NEWPORT BEACH BLVD
THE
TRAVELERS INDEMNITY COMPANY
— NEWPORT
BEACH, CALIF
THE
CHARTER OAK FIRE INSURANCE COMPANY
G -5358 REV. 672 PRINTED IN D.S.A.
The ENCLOSURE
is for your records Date: OL 3-12-73
The enclosed contains a Mortgage Clause, or Loss Payable Clause . � ��
in your favor.
Owner. Kilmer Enterprises
Grr MANA
Company and Policy No. Travelers `• or GE°�a
650 1918308
F
City of Newport Beach
TO 330 W. Newport Beach Blvd.
Newport Beach, CA
L
LAUREL INSURANCE AGENCY
617 SOUTH HARBOR BOULEVARD — SUITE A
ANAHEIM, CALIFORNIA 92805
Telephones: (714) 6353050 - 5474183
(213) 5984911
Lain! INS AGCY THE TRAVELERS
�!Ft NSTATERIENT NOTICE
HARTFORD, CONNECTICUT
Please take notice that the Policy designated below has been reinstated as of the effective
heretofore issued being hereby withdrawn as null and void.
N
OV ``•I PI
�L<Y "'�poct geact<
of y"
notice of cancellation
WRITTEN NOTICE 16 HEREBY ❑ CEtt
IMUD ORDER
® OF
❑
A RANK 01
❑
GIVEN 70 YOU A6: CERTIFICATE WAS 01161NALLT ISSNEV
IKE TERMS THE POLICY;
A ROQ6ARk-
FINANCE CONANT.
INSURED
ISSUING OFFICE
- i
GORDON 0 KILMER
S ANA
1819.
POLICY NO.
EXTENSION CERTIFICATE NO.
I
I EFFECTIVE DATE OF THIS NOTICE
?ATE 156yEp
NO 78'9399
f 11-4 -70
i'. .'
THE TRAVELERS INSURANCE COMPANY
THE TRAVELERS INDEMHnY COMPANY
_ CITY OF NEWPORT BEACH THE CHARTER OAK FIRE INSURANCE COMPANY
3300 W NEWPORT
BEACH, BEACH flLYO l B�
NEWPORT BEACH, CALIF ,(��f!
President
L
C"" REV.7.67 PPWEO IP V.S.A. 6"
yP+ `L INS AGCY THE TRAVELERS
HARTFORD, CONNECTICUT 6
CANCELLATION NOTICE. Please take notice that the Policy designated below, heretofore issued to the insured named below, has been canceled,
such cancellation being effective on the date stated below.
❑ NOT TAKEN NOTICE. Please take notice that the Insured named below has not accepted the Policy designated below and therefore no insurance
has come irr force thereunder.
❑ AMENDMENT NOTICE. Please take notice that, effective on the date stated below, the Policy designated below has been amended as follows:
A BANK 01
GIVEN TO YOUEAIS: HEREBY ❑ CERTIFICATE WAS ORIGINALLY ISSUED; ® HE TERMS OFLTOES POLICY; ❑ A MORTGAGEE; ❑ FINANCE COMPANY.
INSURED ISSUING OFFICE
GORDON D KILMER I S ANA 189
POLICY NO. EXTENSION CERTIFICATE NO. EFFECTIVE DATE OF THIS NOTICE DATE ISSUED
ND 7819399 I 11 -1f -70 70 -22 -7d
LOCATION (Complete for Fire Policies ONLY(
I
_ CITY OF NEWPORT BEACH
3300 W NEWPORT BEACH BLVD
NEWPORT BEACH, CALIF
L
CrNiiR REV. 7f7 pNINTEU IN U.S.A. 6"
THE TRAVELERS INSURANCE COMPANY
THE TRAVELERS INDEMNITY COMPANY
THE CHARTER OAK FIRE INSURANCE COMPANY
It44'r-
President
J
The"ENCLOSURE
' is for your records Date: Juis l, 1970
The enclosed contains a Mortgage Clause, or Loss Payable Clause
in your favor.
Owner: Gordon Kilmer
Company and Policy No.Travelers ND 7819399
r City of
3300 W.
TO Newport
L
Newport Beach
Newport Blvd.
BEach, Calif.
LAUREL INSURANCE AGENCY
617 SOUTH HARBOR BOULEVARD — SUITE A
ANAHEIM, CALIFORNIA 92805
Telephones: (714) • 635 -3050 - 5474183
(213) - 598.4911
THE TRAVELERS
e _ 1;;76
Certificate of Insurance
This is to certify that policies of insurance as described below have been issued to the insured named below and are in force at this time.
If such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate,
30 DAYS written notice will be mailed to the party designated below for whom this certificate is issued.
1. Name and address of party to whom this certificate is issued
2. Name and address of insured
CITY OF NEWPORT BEACH
KILMER ENTERPRISES INC.
3300 l °I. NEWPORT BEACH BLVD.
1843 PORT KIMBERLY PLACE
NEWPORT BEACH, CA
NEWPORT BEACH, CA 9266o
L J
3. Location of operations to which this certificate applies
4. Coverages For Which
Insurance is Afforded
Limits of Liability
Policy Number
Policy Period"
Workmen's Compensation and
Compensation — Statutory
Employers' Liability in the state
named in item 3 hereof
Bodily Injury Liability
— except automobile
$ , OOO each person
$ , 000 each occurrence
E , 000 aggregatet
IJ
fCompleted Operations
.eluding Protective
and Products only
Property Damage Liability
— except automobile
$ 000 each occurrence
r�l eluding Protective
$ , 000 aggregate
Bodily Injury Liability
— automobile
$ , 000 each person
$ , 000 each accident
........... ...............................
E.... .. 000 each occurrence
Property Damage Liability
— automobile
$ , 000 each accident
$ , 000 each occurrence
Liability (Bodily Injury and
$ 1000 , 000 each occurrence
Property Damage)
$1000 ,000 aggregate
650- 288AO94- 2- COF -75
3 -17 -75/76
$ , 000 each occurrence
Catastrophe or Excess
$ , 000 each aggregate
$ , 000 deductible amt.
*Absence of an entry in these spaces means that insurance is not afforded with respect to the coverages opposite thereto.
"Policy is effective and expires at 12:01 A.M., standard time at the address of the named insured as stated herein.
Description of Operations, or Automobiles to which the policy applies ALL OPERAT I ONS OF THE I NSURED
CITY OF NEIa'PORT BEACH IS HEREBY DECLARED AS AN ADDITIONAL INSURED
CONCERNING THE FOLLOWING LOCATION:
900 SHORE AVE. CORONA DEL MAR STATE BEACH
NEWPORT BEACH, CA
The insurance afforded is subject to ail of the terms of the policy, including endorsements, a lfcab thereto.
Producer— LAURCL INS AGCY C� _ Office_. OCFpO 1 s9 Date2 — %`� T
EQUITABLF. FIRE AND MARINE INSURANCE COMPANY THE TRAVELERS INSURANCE COMPANY
THE TRAVELERS INDEMNITY COMPANY
THE CHARTER OAK FIRE INSURANCE COMPANY
Seretary, Casualty - Property Department By / �,.,.....a.. -.�.1�
C -s918 Rev. 7.68 rnirvreo IN v.s.c 371 /' Secretary, Casualty - Property Department
The ENCLOSURE
is for your records
Date: ft 2 -26 -75
The enclosed contains a Mortgage Clause, or Loss Payable Clause
in your favor,
Company and Poky Nw
I—City of
3300 W.
TO Newport
L
Newport Beach
Newport Beach Blvd
Beach, CA
Kilmer Enterorises
Travelers
650 288AO94
LAUREL INSURANCE AGENCY
617 SOUTH HARBOR BOULEVARD — SUITE A
ANAHEIM, CALIFORNIA
Telephone: 635.3050
Aiki
THE TRAVELERS
Certificate of Insurance
This is to certify that policies of insurance as described below have been issued to the insured named below and are in force at this time.
If such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate,
DAYS written notice will be mailed to the party designated below for whom this certificate is issued.
1. -Name and address of party to whom this certificate is issued 2. Name and address of insured
CITY OF NEWPORT BEACH a KILMER ENTERPRISES INC
3300 W NEWPORT BEACH BLVD 1843 PORT KIMBERLY PLACE
NEWPORT BEACH, CALIF NEWPORT BEACH, CALIF
L J
3. Location of operations to which this certificate applies
_. VARIOUS
4. Coverages For Wbich
Insurance is Afforded
Workmen's Compensation and
Employers' Liability in the state
named in item 3 hereof
Bodily Injury Liability
— except automobile
I N eluding Protective
---------------- -----------------
Property Damage Liability
— except automobile
IN
.eluding Protective
Bodily Injury Liability
— automobile
Property Damage Liability
— automobile
Limits of Liability
Corn pensat inn —S tat a tory
000 each person
000 each occurrence
000 aggregatet
{Completed Operations
and Products only
r
000 each occurrence
000 aggregate
000 each person
000 each accident
000 each occurrence
....... ................. ..........
000 each accident
000 each occurrence
Policy Number Policy Period"
Liability (Bodily Injury and $ 1,000 , 000 each occurrence 650 - 1918308 -COF
Property Damage) b 1 , 000 , 000 aggregate
S
'000 each occurrence
Catastrophe or Excess b , 000 each aggregate
E . 000 deductible amt.
i I
3 -17 -73 TO
DATE OF CANC
'Absence of an entry in these spaces means that insurance is not afforded with respect to the coverages opposite thereto.
"Policy is effective and expires at 12:01 A.M., standard time at the address of the named insured as stated herein.
Description of Operations, or Automobiles to which the policy applies: ALL OPERAT I ONS OF THE I NSURED.
CITY OF NEWPORT BEACH IS HEREBY DECLARED AS AN ADDITIONAL INSURED
CONCERNING THE FOLLOWING LOCATION: 900 SHORE AVE
NEWPORT BEACH, CALIF
(CORONA DEL MAR STATE BEACH )(Arekch to
The insurance afforded is subject to all of the terms of the policy, including endorsements, applicable thereto.
Producer LAUREL .—LNS _B_Q- C Date2 —�.2. _
EQUITABLE FIRE AND MARINE INSURANCE COMPANY THE TRAVELERS INSURANCE COMPANY
THE TRAVELERS INDEMNITY COMPANY
THE CHARTER OAK FIRE INSURANCE COMPANY
Serretary. Casualty- Property Department By �. -.�`�
C -5916 R,.7.68 os��reo �r u.s.,. 371 Secrrlary, Casualty - Property Department
GORDON KILMER CONCESSION .'.°A�•xll�tlCi�
Corona del Mar State Beach
Box 772
Corona del Mar, Calif. 92625 _
(714) 673 -3174
February 8, 1972
City Clerk's Office
3300 Newport Blvd.
Newport Beach, Calif.
Dear Mrs Keller;
���R7Y of j9j2�
This is to inform your office of my recent change of address fromt
Tot
259 Cabrillo, Costa Mesa
1843 Port Kimberly Place, Newport Beach.
Thank you for your kind assistance the other day in registering me
to vote.
Sincerely,
^•- '�:..r- rro,�...... w._a,�
-0-
f0 3b
July 16, 1971
ACM4G CM AT TO;EY
,MY� M Ch
• ►'d ► • � �� MA ►' � N'1i171 NI • \ N la
Mclosed is a duly executed copy of Assignment of the
Corona del Mar Beach Concession Agreement with Gordon Kilmer.
,his agreement was authorized by the Council an July 12 by
the adoption of Resolution No. 7481. Please transmit the
Assignment to Mr. Kilrm_r':, attorney.
shouldn't the Assignment be okayed as to form?
Laura Iagios
City Cleric
cc: Finance
CITY OF NEWPORT BFAC
CALIFORNIA
is
July 140 1971':
Richard G -. Wilson, Esq.
Law Offices) of Allen.
Wilson &' George, Inc.
Post Office ?lock x.0,68
Lapg Beach, Caii'itornia 90809
Re: GoX4W* qtr. Concessidn Agri -
CQra�ya e1, Mar state and -City # %ach Park'
Dear Mr. Wilson :'
Enclosed herewith is a copy of the assignment of the
above concession agreement from Gordon Kilmer to his
corporation, )Gilmer Enterprises, Inc. Also enclosed is
a copy of City Council. Resolution No. 1481,-authorizing
the Mayor to execute the Consent to Assignment on
behalf of the City, subject to the condition that Gordon
Kilmer will not be personally released from his obliga-
tions under the agreement. You will note that we have
modified the language of the Consent to reflect this
understanding.
Thank you 'for your cooperation.
Yours very truly,
DO' N:mh
Encl.
cc: City Clerk 4F—
Acting City Manager
DENNIS O'NEIL
Acting City Attorney
t
63�
ASSIGNMENT —OF — CONCESSION AGREEMENT
-------------------------------- - - - - --
CORONA DEL MAR STATE AND CITY BEACH PARK
I, GORDON KILMER hereby assign all of my right, title and interest
in and to that certain Concession Agreement entered into between me and
the City of Newport Beach, a municipal corporation, on March 10, 1970,
to KILMER ENTERPRISES, INC„ A California corporation, on the
condition that KILMER ENTERPRISES, INC, assumes all the obligations
contained therein.
Dated: June 10, 1971, Ljtati'—�
ULMEB
ACCEPTANCE OF -- AS—SIGNMENT
----------------—--- - - - - --
KILMER ENTERPRISES, INC., a California corporation, hereby
accepts the foregoing Assignment of Concession Agreement and assumes
all of the obligations of the Assignee as contained therein.
Dated: June 10, 1971.
KII.MER ENTERPRISES, INC,
A Californi corporation
By:
, res
CONSENT TO ASSIGNMENT
n _
Pursuant to Paragraph 11 of that certain Concession Agreement
between Gordon Kilmer and the City of Newport Beach, a municipal corporation,
dated March 10, 1970, the City of Newport Beach hereby consents to the foregoing
-1-
Assignment and Acceptance of the said Concession Agreement between
itself-and the Assignor: provided, however, that by said consent
the City of Newport Beach does not relieve the Assignor of his
duties and obligations under said Concession Agreement.
Dated: JUL 16 1971
ATTEST:
City Clerk
J
CITY OF NEWPORT Beach,
a Municipal Corporation
By:
Mayor
0 0
Z
kel 4 1
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
To: The Honorable Mayor and
Members of the City Council
From: Acting City Attorney
Subject: Corona del Mar State and City Beach
Park Concession Agreement
Gordon Kilmer, Concessionaire
July 12, 1971
On March 10, 1970, the City entered into an agreement with
Gordon Kilmer for the development and operation of the
concession facilities at the Corona del Mar State and City
Beach Park. After commencing operations pursuant to said
concession agreement, Mr. Kilmer felt it advisable, for tax
reasons primarily, to operate these concessions through a
corporation. Mr. Kilmer's attorney has created a California
corporation, entitled Kilmer Enterprises, Inc., with Kilmer as
the owner of all issued and outstanding shares of stock.
It has been requested that the City consent to an assignment
of the above concession agreement from Gordon Kilmer to his
new corporation, Kilmer Enterprises, Inc. Adoption of the
attached resolution would authorize the Mayor and City Clerk
to execute the Consent to Assignment on behalf of the City of
Newport Beach, subject to the condition that Mr. Kilmer would
not be personally released from his obligations under the
concession agreement.
DO'N:mh
Att.
CC: City Clerk
City Manager
PB &R Director
( 1
v�
DENNIS O'NEIL
Acting City Attorney
/o3i>
,
0 M
RESOLUTION NO. `Y 48 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING EXECUTION OF A
CONSENT TO ASSIGNMENT OF THE CORONA DEL MAR
STATE AND CITY BEACH PARK CONCESSION AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND GORDON
KILMER, TO KILMER ENTERPRISES, INC.
WHEREAS, there has been presented to the City Council
of the City of Newport Beach an Assignment of the Corona del Mar
State and City Beach Park Concession Agreement between the City
of Newport Beach and Gordon Kilmer, wherein Gordon Kilmer
assigns said concession agreement to Kilmer Enterprises, Inc.,
a California corporation; and
WHEREAS, the City Council has determined that said
request for assignment is reasonable and will not affect the
obligations or performance under said agreement;
NOW, THEREFORE, BE IT RESOLVED that said Assignment of
the above described Concession Agreement from Gordon Kilmer to
Kilmer Enterprises, Inc., is approved, and the Mayor and City
Clerk are hereby authorized and directed to execute the Consent
to Assignment on behalf of the City of Newport Beach, subject to
the condition that Gordon Kilmer will not be personally released
from his obligations under said agreement.
ADOPTED this 12th day of July, 1971.
ATTEST:
City Clerk
Mayor
DO'N:mh
7/8/71
,r
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I
taw
flim os Ddrretw
City Me*
Onme dsl lbr City and St aft Such
Nrk Omani elan - Jam" Deposit
July t9, 2970
Bl"m ntwa to .O don Ki3mr, in CriarWas coma Urea, bb qbm* is
The ew* of SAMOD ddd+ wn dWosited idth the City Ldth MM W
psaloeei as i of bass. All dw" In eowestien udth the ems,
wea Moo to yaw office an P1"mw l9 dw :ircunta to the bddbm ift.
the pa�ptian of QasdM MOWS S ' " rhlah ws AeLd until oapintiw
aonMtdaa bidlditp�. OA July 28 the Calm dl the w k an
the emonsion Do{ld3t�.
1
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.. ,... x. :�a94<:.. _. _ _ ....�.; _s.,��.,.� _.,. ��- ....�::�' ,....�:.:.,�.i:_. _. � � .� _ ,.'�?��. tea..
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 0-1776
Description of Contract (meaeinn Agtr&gMMt
Rama del Mar State B City Beach Paris
Authorized b Resolution No. Kilmer
Y R_7157 , adopted on N„rnh g jg7p
Effective date of Contract March In. 197n twminating 12_11=79
Contract with Gmd= I Kilmer,
Amount of Contract Sae Page lOnf nrM, Mct
city 61 e c ,
0
Apol 22, 1970
W. Ondem D* Kibm
259 Cdxt is
COU Mwa, CA 92:27
Was Omowalm lw m A C-12"
Cwms dal Xw 9tats and arty ftedh Pak
Ga,don Xilrr
U a MW L 9n OWWADrd Dopy as a�j t + sr�tt*
*ddk ores epps+® i A by f is 9teR+a an VI l6: 1974.
I haft retiinad t1» crdtinal hr ow tits.
LWAM TagiAs
City Mowk
LL:@*
ane.
0 6
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STATE OF CALIFORNIA — RESOURCES AGENCY RONALD REAGAN, Governor
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 2390
SACRAMENTO 95811
April 16, 1970
Miss Laura Lagios, City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Dear Miss Lagios:
Enclosed are two fully executed copies of the
lease agreement between the City Of Newport Beach
and the Concessionaire Gordon Kilmer.
We have retained a copy for our files.
Enc. 2
Sincerely,
John Hi ower, Chief
Concessitofis Division
T\,:c cri
I
CTIT cum
MY Cuwk
Cmandm Aoxs nt Ow=n dia Mr Saft and City Dow& pwk
IL:sbik
4wo
at it, t�ft's X. gw Ak�
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� ry
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OlEA3E RETURN 16�. kn r
LAURA LAGIO$ CITY CLEM� CTLYPF.NEWPORTBEACH
3300 ►jEyypp64T BOULEVARD
NEWPO
CH, CALIF. 9246Q / l
CONCESSION AGREEMENT
tV
CORONA DEL MAR STATE AND CITY BEACH PARK
THIS AGREEMENT, mane and executed this 107'11 day
of 4917,a 4:)V 1970, by -and between the CITY OF
NEWPORT BEACH, a municipal corpox tion, hereinafter referred
to as "City," and GORDON KILMER, hereinafter referred to as
"Concessionaire ";
RECITALS
A. City owns certain real property southerly of
Ocean Boulevard in Corona del Mar and controls certain other
real property under a lease from the State of California
which together comprise the Corona del Mar State and City
Beach Park; and
B. The City Master Plan for the Development of the
Corona del Mar State and City.Beach Park provides for two
public service areas at which concession facilities are to be
available, which are designated as Public Service Areas No. 1
and No. 2. A concession building is in existence at Public
Service Area No. 1 and a concession building will be constructed
by the City at Public Service Area No. 2; and
C. City has awarded a contract for the construction
of buildings and appurtenances on Public Service Area No. 2
in said park (not including, however, the completion of the
inside of said buildings and installation of fixtures as
required in this contract), as said area is shown on a plot
plan of said park dated 'February 9 , 1970,
-1-
- ,,
Ak
0
and attached hereto and marked Exhibit "A "; and
D. City finds it to be in the public interest and
consistent with park uses to grant an exclusive right to
operate a concession business as herein provided in the build-
ings on said Public Service Areas No. 1 and No. 2; and
E. City invited proposals from prospective con-
cessionaires and Concessionaire was awarded the exclusive
right to operate said concession business on Public Service
Areas No. 1 and No. 2 as a result thereof;
NOW,THEREFORE, the parties agree:
1. Concession. (a) City hereby grants to
Concessionaire the exclusive right, privilege and concession
to conduct a business within the buildings on said Public
Service Areas No. 1 and No. 2 in said park for the vending of
light foods and sandwiches, soft drinks, coffee, ice cream or
ice cream products, cigars, cigarettes and tobaccos, candies,
chewing gum, suntan lotions, film, sunglasses, firewood, and
small items of fishing tackle such as lines, hooks and weights,
and for the rental of various items of beach equipment such
as back rests, umbrellas, and surf - riders, and for the sale or
rental of other items of similar nature usually sold or rented
at a resort refreshment stand; the sale of which items shall
be subject to the prior written approval of the City Parks,
Beaches and Recreation Director. Concessionaire shall not
sell fishing gear such as poles, reels or gear containers.
Concessionaire agrees to provide all necessary fixtures, goods,
merchandise, labor and equipment required for the vending or
renting of the above items or any other items permitted to be
sold or rented.
-2-
t {r.F4 '4y Y. •.
.' i :: '¢uY-s -L
(b) City reserves the right to prohibit the use,
display, sale or rental of any, machine, item or article which
it deems objectionable or beyond the scope of merchandise
deemed necessary by City for proper service to the public.
This includes but is not limited to the right to restrict or
prohibit vending machines of all kinds and machines producing
music or any other noise or sound. Prices shall be fixed by
Concessionaire, but must not be in excess of prevailing
prices in the City of Newport Beach for similar products, and
City reserves the right to establish and from time to time
revise a schedule of maximum prices for any or all items sold
or rented to the public by Concessionaire. All food and
beverage products sold shall be of uniform high quality.
Failure to maintain quality deemed satisfactory by City shall
be deemed a breach of this agreement. Unimpaired use of
Public Service Areas No. 1 and No. 2 by the public is to be
maintained throughout the term of the concession agreement.
(c) Concessionaire shall be subject to all state
and local laws, rules and regulations and shall pay all taxes
lawfully assessed prior to delinquency and shall obtain and
display at all times a business license and all permits
required by the appropriate county, city or state health
authorities certifying that the premises occupied, the equip-
ment, the products sold, and the method of selling meet all
current regulations, including health regulations.
2. Term. (a) The term of this agreement shall
begin on the date of execution and shall end on December 31,
1979, both dates inclusive, unless terminated prior thereto
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as provided herein.
(b) During the term of this agreement,
Concessionaire may remain open for business daily after
8:00 a.m. and before 10 :00 p.m. and shall be open for business
on Saturdays, Sundays and holidays between noon and 5:00 p.m.
from October 1 to March 31 and every day from 10 :00 a.m. to
6:00 p.m. from June 15 to September 30, all dates inclusive,
during each year. Different dates and hours may be fixed by
Concessionaire with the approval of the City.
3. Finishing Buildings and Furnishing Fixtures.
(a) It is mutually understood that City
by separate contract is having buildings and appurtenances
constructed on said Public Service Area No. 2 in accordance
with the plans and specifications therefor, a copy of which.
was obtained and reviewed by Concessionaire prior to the time
his proposal was submitted to City. It is further understood
that City is not having the interior of said buildings,
including plumbing, electrical and flooring, under its contract.
Concessionaire agrees to complete the
interior of the buildings and install all cabinets, fixtures
and equipment and maintain the same during the term hereof
and connect all utilities necessary for Concessionaire's
operations hereunder. Concessionaire agrees to coordinate
the work on the interior and on the cabinets, fixtures and
equipment with the work of City's building contractor under
the direction of the architect employed by the City to
supervise the construction of the buildings and appurtenances
on Public Service Area No. 2.
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Concessionaire agrees to do all the
work of completing the interior of the buildings in Public
Service Area No. 2 that is not required of the City's
contractor under the plans and specifications referred to
above. Concessionaire shall pay all cost of doing the work
hereunder other than the contract price being paid by City
under separate contract.
All work on the building by
Concessionaire shall be done in accordance with plans and
specifications therefor, approved by the City Council, a copy
of which is attached hereto and .;marked Exhibit "B" and made a
part hereof, and pursuant to a buildiang.permit issued by City,
and shall be subject to the approval of the Director of
Building of City. Only first class materials shall be used
and all work must be performed and completed in a good and
workmanlike manner.
All cabinets and fixtures shall be
of first class materials and of the highest quality obtainable.
The type, style, materials and workmanship of the cabinets and
fixtures shall be subject to the approval of City, and, if
any such are disapproved, they shall be reconstructed or
replaced as necessary to obtain said approval.
(b) Concessionaire shall pay in full for
the completion of the interior of the buildings as herein
required at the time the work is done
Concessionaire may pay for the
fixtures and equipment in full at the time they are acquired
and installed, or may obtain them by other lawful method.
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• i
Notwithstanding the manner in which the fixtures and equip-
ment are acquired, and without limiting or restricting the
duties and obligations of Concessionaire hereunder and without
in any manner limiting or restricting the rights of City,
Concessionaire agrees to execute a chattel mortgage at the
request of City either before or at any time after the time
Concessionaire begins actual operation of the concession in the
form approved by the City in which Concessionaire hypothecates
all of his present and future right, title and interest in and
to all of the fixtures and equipment installed or used in the
concession operation during the term of the agreement
(excluding equipment kept for rental purposes) in favor of
City, to guarantee the performance of all obligations of
Concessionaire under this agreement during the entire term
hereof, including the payments to.Qity.
At the end of the term of this
agreement or any extension thereof, if all payments required
herein have been completed and all obligations performed by
Concessionaire, the obligation of the mortgage shall be deemed
satisfied and the mortgage shall be discharged and of no
further effect.
Concessionaire may remove any
fixtures or equipment installed in accordance with the require-
ments hereof which in the judgment of Concessionaire are
obsolete or worn out; provided, however, that any such fixtures
or equipment so removed must be immediately replaced by
Concessionaire with new fixtures or equipment of equal quality
which shall also be subject to the chattel mortgage provided
for herein.
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(c) The work required of Concessionaire
under this paragraph 3, including the completion of the
interior of the buildings, the connection of the utilities,
and the installation of the cabinets, fixtures and equipment,
must be completed on or before July 1, 1970. This completion
date shall be extended only by the amount of time Concession-
aire is delayed by the failure of the City's building
contractor to complete the buildings or by strikes or
catastrophe beyond the control of Concessionaire. Concession-
aire shall pay to City for each and every day, including
Sundays and holidays, that he is in default in completing the
work required hereunder the sum of Fifty Dollars ($50.00) as
liquidated damages. It is mutually agreed that this is the
amount of damages that City will suffer by reason of such
default.
(d) Concessionaire shall post a corporate
surety bond with City conditioned upon Concessionaire completing
all of the work on the interior of the buildings and the
installation of cabinets, fixtures and equipment required
herein and the payment of all claims of laborers, materialmen
and others having lien rights under Title IV, Part III, of the
Code of Civil Procedure. Said bond shall be in a sum of not
less than Thirty Thousand and No /100 Dollars (;$39,000.00) and
shall be subject to the approval of the City Attorney as to
form.
4. Concessionaire to Operate Business. Concession-
aire agrees to assume said right, privilege, and concession
hereby granted and to operate said concession within said
buildings in Public Service Areas No. 1 and No. 2 for the
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purposes and in the manner and according to the terms and
conditions herein stated, reserving, however, to City..the
right of ingress and egress to inspect said Public Service
Areas No. 1 and No. 2 and all buildings, equipment and fixtures
thereon, as deemed necessary by City.
In accepting the concession hereby granted,
Concessionaire understands that the volume of business.to be
done and the quantity of food, beverages and service to the
public to be required are subject to fluctuation and depend
upon season and the weather and other unpredictable factors.
Notwithstanding the uncertainties involved, Concessionaire
agrees to supply the demand as it arises and to maintain an
Adequate supply of labor, food, beverages anq equipment to do
SO.
5. Repairs. (a), Concessionaire agrees to con-
tinuously maintain and keep in gpod,.repair.at his own expense
the concession buildings on Public Service Areas No. 1 and
No. 2 and every part thereof except that which City herein-
after agrees to maintain. Concessionaire's obligation includes
but is not limited to interior partitions .of the buildings,
window frames, doors, interior painting, and repair and
replacement of windows in the buildings. If exterior painting
or repair to the structure, roof or exterior walls is required
by any act or omission of Concessionaire, City shall cause the
painting or repair to be done but Concessionaire shall pay for
it. Concessionaire also agrees to maintain and keep in good
repair all equipment and fixtures in said buildings. All such
work shall be done to the satisfaction of City. If, after ten
(10) days' written notice from City to do specific .items of
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• 0
maintenance or repair as required herein, Concessionaire has
failed to do so, City may do the thing or things specified
and bill Concessionaire for the cost thereof. Concessionaire
shall reimburse the City for.such cost within.fifteen (15)
days after receiving the bill.
(b) City will do normal maintenance and
normal repair on the structure of said.buildings, including the
maintenance and repair of the roofs, exterior walls, and
exterior painting. City shall have sole discretion as to when
such repair, maintenance or painting is necessary.
(c) Concessionaire shall not construct
any additional buildings or make any structural changes,
alterations or additions to any buildings in said area without
the prior written consent of City.
6. Utilities. Newport Beach water and sewerage is
available in the park at Public Service Areas No. 1 and No. 2.
Concessionaire shall be entitled to water service and sewerage
service under the same terms as any other occupant of premises
in the City and shall pay the same fees, rate or rates as any
other occupant. Concessionaire shall make arrangements for
other utility services at said area and shall promptly pay
all charges for utilities when due.
7. Concessionaire to Keep Area Clean.
(a) Concessionaire shall keep the interior and
exterior of the buildings and all of the area within Public
Service Areas No. 1 and No. 2 and in every direction within
fifty (50) feet of said Public Service Areas No. 1 and No. 2
clean and sanitary and free from rubbish, garbage and debris of
every kind. Concessionaire shall furnish an adequate number
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of trash cans, approved by City as to type, color, condition
and location, to service Public Service Areas No. 1 and No. 2
and the 50 -foot area surrounding in such a manner that there
shall always be adequate space to deposit rubbish, debris and
garbage. The obligation of Concessionaire hereunder must be
performed to the satisfaction of City.
(b) City is currently providing garbage and
refuse pickup service at said beach and at Public Service
Area No. 1, but is not hereby obligated to continue said
service.
(e) Concessionaire need not provide beach
cleaning in the park outside the areas he is hereby obligated
to keep clean.
8. Payments to City. (a) From the beginning of
this agreement through December 31, 1979, Concessionaire shall
pay to City a guaranteed minimum monthly payment of $2,500.00
for the months of June, July, August and September or
Thirty -two percent (32 %) of the monthly gross receipts from
the sale of all salable items plus forty -two percent (42 %)
of the monthly gross receipts for these months from all rental
items, whichever sum may be larger, plus the same percentages
of gross receipts indicated above for any calendar month or-
portion thereof that said concession is operated prior or
subsequent to June, July, August and September during each
year of this part of the term of this agreement. Payment of
the percentages of gross receipts shall be made to City
monthly on or before the twentieth day of the month following
the month of operation. In the event the sum of the percent-
ages of monthly gross receipts does not equal the guaranteed
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minimum monthly rental, in the months during which the
guaranteed minimum is required, then Concessionaire shall pay
to City said minimum monthly payment on or before the twentieth
day of the month following the month of operation; provided,
however, that if Concessionaire is prevented from operating
said concession during a part of June, July, August or Septem-
ber, by any cause beyond his control, the required guaranteed
minimum monthly payment shall be prorated in the ratio which
the actual operating period bears to the full month for which
said guaranteed monthly minimum is required. City shall be the
sole judge as to whether the cause preventing operation is
beyond control of Concessionaire.
(b) The term "gross receipts," wherever -used in
this agreement, is intended to and shall mean all monies,
property or any other thing of value received by Concessionaire
through the operation of said concession, or from any other
business or activity carried on upon said area or any portion
thereof, or from any other use of said area or any portion
thereof, or from any other use of said area or any portion
thereof by Concessionaire, or others with his approval, without
any deduction or deductions; it being understood, however, that
the term "gross receipts" shall not include any sales or excise
taxes imposed by any governmental entity and collected by
Concessionaire or deposits made with Concessionaire to guarantee
the return of rental equipment.
(c) Concessionaire shall maintain and use cash
registers for each and every sale or rental at each place
where money is received for all sales of goods and rentals of
equipment. All such cash registers shall be equipped with
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continuous recording drums and tapes to record receipts from
sales and rentals. Such registers shall be kept locked and
the totals shown thereon shall not be re -set except in the
presence of an authorized representative of City. Copies of
all tape shall be retained by Concessionaire during the term
of this agreement and for a period of two (2) years thereafter.
If any dispute exists at the end of such two years concerning
gross receipts, Concessionaire shall not destroy such tape or
any part thereof without the written consent of City. Both
the registers and the tapes shall be subject to inspection'
and review by City upon request at any time during business
hours. City shall request inspection or review at such times
as will not unnecessarily interfere with-Concessionaire's
business operation.
(d) All payments shall be to the City at the
office of the Director of Finance in the City Ball.
9. Posting of Rates and Prices, Advertising Signs,
Trade Name. .(a) Concessionaire.,shall post rates and prices in
Public Service Areas No. 1 and No. 2 at such places as may be
designated by City.
(b) All advertising matter to be published or
circulated by or on behalf of Concessionaire shall be subject
to approval in writing by City. Upon written request having
been made, all advertising matter shall thereafter be sub-
mitted to City for approval prior to publication or circulation.
(c) Concessionaire shall not place or allow any
signs, placards, or advertising matter to be placed or main-
tained on, or attached to, the buildings or elsewhere in said
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areas without the prior written consent of City, and such
business signs shall be placed, maintained and attached in
such manner as City prescribes prior to such placing. Any
signs placed in said area shall be removed promptly upon
request by City.
(d) Concessionaire shall not use any trade name,
style or title in any way in the conduct of the business with-
out the same having been approved by City in writing. Con-
cessionaire shall protect and hold City harmless against all
claims and actions arising from use of any name, style or
title even though the same has received prior approval of
City.
10. Beverage and Food Containers. (a) Concessionaire
shall not sell drinks of any description in bottles, cans or
breakable cups. All drinks shall be sold in paper, cardboard,
or similar disposable type containers. All containers of
food and beverage shall be subject to approval of City. Con-
cessionaire shall immediately discontinue sale or use of any
containers disapproved by City.
(b) The consumption of alcoholic beverages in
the park is prohibited. Concessionaire shall not seek a
license to sell alcoholic beverages therein.
11. Written Approval of Assignment. Concessionaire
shall not assign or sublet the rights or privileges granted
under this m ncession agreement or any interest in this
agreement without the prior written consent of City. Any
manager of the concession or of any unit of the concession
must be of high moral character and able to meet and deal with
the public in an effective and inoffensive manner.
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12. eight of Termination. (a) In the event
Concessionaire fails to make the payments to City at the time
and in the manner required herein or operates the concession
in an unlawful manner or breaches or violates any other term
or condition of this agreement, the City may at its option
at any time, in addition to any other remedy it may have,
terminate this agreement by giving notice in writing of such
termination to Concessionaire specifying the effective date
of termination and thereupon take possession of the premises,
including all City property and the buildings and all fixtures
and equipment therein, and remove any and all persons or
property therefrom. Upon the date of termination fixed by
City, Concessionaire shall give City possession of the build-
ings and the fixtures and equipment and turn the business over
to City which shall thereafter operate the same or designate
someone to do so, and all of Concessionaire's rights hereunder
except to the payment hereinafter provided, if any, shall
terminate. Before termination by reason of default on the
part of Concessionaire with respect to any covenant, matter,
or thing on the part of Concessionaire to be kept, done, or
performed hereunder (other than making the payments required
hereunder), City shall cause to be given to the Concessionaire
a written notice specifying the particulars wherein Con-
cessionaire is in default and demanding performance in
accordance with the terms of this agreement. If, within ten
(10) days after such notice is given, the Concessionaire shall
have fully complied therewith, or in good faith shall have
commenced the work or act necessary to comply therewith and
thenceforth shall diligently prosecute such work or act to
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• 0
completion, no termination by reason of such breach shall be
declared hereunder, but, in the event of Concessionaire's
failure to comply with such notice, the City may then declare
and effect a termination by reason of the default therein
specified.
(b) In case City terminates this agreement
under the provisions of this paragraph 12, City may at its
option, either at the time of termination or after the market
value of the fixtures and equipment is fixed as herein pro-
vided, enforce its rights under any mortgage it may have on
the fixtures and equipment or it may require Concessionaire
to remove all fixtures and equipment used in the operation of
the concession business or it may waive its rights under any
such mortgage and pay Concessionaire eighty percent (80 %) of
the market value thereof for said fixtures and equipment as
of the effective date of termination, reduced, however, by
any amount owed to City by Concessionaire under the terms of
this agreement and further reduced by any amount required to
accomplish repair or maintenance which under this agreement
is the obligation of Concessionaire and further reduced by
the amount of any lien on the fixtures and equipment and by
any amount owed by Concessionaire, the payment of which is
secured by a hypothecation of such fixtures and equipment or
any part thereof. If required by City, Concessionaire shall
remove all fixtures and equipment within thirty (30) days
after being given notice to do so. Failure to remove all of
the same within that time shall constitute abandonment of
those remaining and the same shall thereupon become the
property of the City and City may use them or dispose of
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a
them and retain the proceeds
0
Upon removal of any fixtures
or equipment Concessionaire shall not damage the buildings
or any part thereof and shall repair anti paint all walls and
floors when removal occurs. Such work must be done in a
good workmanlike manner and the buildings must be left in
condition to permit a concession business to operate without
further repair or painting. Said market value shall be
determined by an appraisal board consisting of three (3)
members appointed in the following manner: Within ten (10)
days after the effective date of termination, City shall
appoint one member of said board, giving notice of such
appointment to Concessionaire in writing. Within ten (10)
days after the service of such notice, Concessionaire shall
appoint a second member of said board, giving notice of such
appointment to City in writing. The two appraisers thus
selected shall appoint a 'third appraiser within ten (10) days
after the appointment of the second and the service of the
notice of such appointment as required above. In the event
of the failure to appoint any appraiser as set forth herein,
either party may apply to the presiding judge of the Superior
Court of the State of California in and for the County of
Grange for the appointment of such appraiser. The appraisal
board shall fix the market value of the fixtures and equip-.
nienL used in the operation of the concession business within
thirty (30) days after the appointment of the third appraiser
or as soon as is possible to render a fair decision. The
decision of the majority of the appraisal 'board shall be the
decision of all.
Upon payment of the sum herein provided, if
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any, by City to Concessionaire, Concessionaire's title to all
such fixtures and equipment shall be automatically trans-
ferred to City. If Concessionaire has no ownership interest
in the fixtures and equipment, he shall, nevertheless, at
the request of City assign his right to possession and all
other rights thereto to City upon the date of termination
fixed by City. The term "fixtures and equipment" as used here
does not include equipment kept for rental purposes. Such
equipment shall, upon termination, be removed in accordance
with paragraph 15 hereof.
13. Cost of Improvements. Upon completion of the
work of finishing the inside of the building or buildings and
the installation of cabinets and fixtures and the connection
of utilities as required herein, Concessionaire shall, within
thirty (30) days, submit an itemized statement of the cost of
such work to City. Such statement shall include only the
actual contract price paid by Concessionaire for such work, or
if it is not done under contract, the direct labor and material
cost to Concessionaire for such work plus the actual cost of
overhead to the extent the overhead does not exceed ten percent
(10 %) of the labor and material cost. Such cost including the
overhead to the extent permitted shall be termed "Concession-
aire's Investment" for the purpose of the provisions of
paragraph 14 of this agreement.
14. City Right to Purchase. In addition to the
right to terminate this agreement under paragraph 12,.City has
the option to terminate at any time upon giving not less than
thirty (30) days' written notice to Concessionaire. This
right to terminate is absolute and City need have no reason
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therefor. Upon the date of termination,fixed.by City in
said written notice, Concessionaire shall give City
possession of the buildings and the fixtures and equipment
and turn the concession business over to City which shall
thereafter operate the same or designate someone to do so,
and all of Concessionaire's rights hereunder, except the
right to the payment hereinafter provided, if any, shall
terminate. City shall within sixty (60) days after the date
of termination pay to Concessionaire the market value of the
equipment owned by Concessionaire and used in the operation
of the business (excluding the equipment kept for rental
purposes) fixed in the same manner as the market value of
fixtures and equipment may be fixed upon termination under
paragraph 12 plus the following percentage of the "Concession-
aire's Investment" according to the effective date of the
termination, reduced, however, by any amount owed to City by
Concessionaire under the terms of this agreement and further
reduced by any amount required to accomplish repair or main-
tenance which under this agreement is the obligation of
Concessionaire and further reduced by the amount of any lien
on said fixtures or equipment and by any amount owed by
Concessionaire, the payment of which is secured by a hypothe-
cation of such fixtures and equipment or any part thereof:
Termination Date:
Before April 1, 1971
April 1, 1971, to March 31, 1972
April 1, 1972, to March 31, 1973
April 1, 1973, to March 31, 1974
April 1, 1974, to March 31, 1975
After March 31, 1975
After March 31, 1979
3W
Percentage:
100%
80%
60%
40%
20%
10%
0%
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Upon City exercising this option and the payment of
the sums herein provided, if any, by City to Concessionaire,
Concessionaire's title to all such fixtures and equipment
shall be automatically transferred to City.
If Concessionaire has no ownership interest in all
or a portion of the fixtures or equipment, he shall, neverthe-
less, assign his right to possession and all other rights
thereto to City upon the date of termination fixed by City.
15. Removal of Property. Upon expiration or
termination of this agreement, the Concessionaire shall
within fifteen (15) days thereafter remove from said premises,
or otherwise dispose of, in a manner satisfactory to City, all
personal property belonging to Concessionaire, including the
equipment kept for rental purposes, located on said premises..
Should Concessionaire fail'to xemove or dispose of his
property within fifteen (15) days as herein provided, City
may at its election consider such property abandoned or may
dispose of same at Concessionaire's expense. Upon expiration
or termination hereof, except as specifically provided herein,
Concessionaire shall leave the premises, buildings, fixtures
and equipment except that kept for rental purposes in good
condition and repair. Concessionaire shall not remove any
fixtures or equipment used in the operation of the concession
business, except that Concessionaire shall remove equipment
kept for rental purposes and personal property which includes
vehicles, groceries, supplies, personal clothing, office
supplies, office furniture, cash registers, and nothing else.
Upon expiration of this agreement Concessionaire's title to
all fixtures and equipment which are not subject to removal
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by Concessionaire shall vest in the City and City shall have
no obligation to pay Concessionaire for same.
16. Hold Harmless - Insurance. (a) Concessionaire
agrees to release, and to protect and save harmless, City
and State and their officers, agents and employees from any
and all claims, loss or liability on account of injury, loss,
or damage to persons or property suffered or sustained in,
on, or about the premises or elsewhere by any person whomso-
ever in any manner directly or indirectly arising by reason
of the conduct of Concessionaire's business or the use of
equipment, consumption of food or drink or the use or
occupancy of said premises by Concessionaire or by any person
claiming under Concessionaire.
(b) Concessionaire shall, at all times during
the term of this agreement, maintain in full force and effect,
with respect to this agreement, a policy or policies of Public
Liability and Property Damage Insurance with minimum limits
of Five Hundred Thousand and No /100 Dollars ($500,000.00),
One Million and No /100 Dollars ($1,000,000.00) Public
Liability, with products liability, and at least Fifty Thousand
and No /100 Dollars ($50,000.00) Property Damage Liability,
naming the City and State and their officers, agents, and
employees, as additional insured. Said policy or policies
shall contain an endorsement providing that the insurance
company shall not cancel such policy or policies without
thirty (30) days' written notice to City and that City is not
liable for the payment of any premiums or assessments on said
policy or policies.
(c) Said policy or policies shall be in a form
satisfactory to City and certificates issued by the insuring
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company shall be submitted to City concurrently with the
execution of this agreement. Certificates for any new or
renewal policies effective during the term of this agreement
shall be submitted to City at least twenty (20) days prior
Co the effec ive date of such policy or policies.
17. Damage of Premises. In the event of destruc-
Lion, loss, or damage by fire or other cause of any of the
buildings, improvements, or fixtures in said Public Service
Areas No. 1 or No. 2 used by Concessionaire, the City shall
not be obligated to replace such destroyed, lost, or damaged
property, or be liable to said Concessionaire for any loss
of use or damage by reason thereof.
18. Fire Insurance. Concessionaire agrees to
maintain a fire insurance policy satisfactory to the City
Attorney with extended coverage on the fixtures and equipment
used by Concessionaire, insuring the same to the full
insurable value thereof. In the event of destruction, loss
or damage, all proceeds from such insurance shall be deposited
in a bank in the City of Newport Beach approved by City and
used by Concessionaire only for the purpose of replacing,
repairing and restoring the fixtures and equipment. Concesion-
aire shall begin the work within thirty (30) days after
notice from the City to do so and complete the same as
rapidly as possible. Should the cost of replacing, repair-
ing and restoring such fixtures and equipment exceed the
insurance proceeds, Concessionaire shall pay the remainder of
such cost. Notwithstanding the interruption of the business
of Concessionaire while the work is being done, this agree-
ment shall continue in effect.
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If the buildings are destroyed or substantially
damaged and the City gives written notice to Concessionaire
that City does not intend to restore the buildings, or if
one year has passed and the City has not restored the build-
ings, Concessionaire may elect to restore the buildings to
the satisfaction of City and then restore, repair or replace
the damaged fixtures and equipment and continue the con-
cession business or may treat this contract at an end and
withdraw any insurance proceeds from his insurance which
were previously deposited as required herein.
19. Workmen's Compensation Insurance. Concession-
aire shall maintain Workmen's Compensation Insurance for all
his employees.
20. Insurance Policies Filed. Concessionaire
shall place the policies of all insurance required by this
agreement or duplicates thereof or certificates evidencing
the same on file with City.
21. Books of Account.. Concessionaire agrees to
keep books of account in connection with the operation of said
concessions in a manner satisfactory to City, which books
shall be open at all times to City for the purpose of
inspection or audit. For each calendar year or portion
thereof, at the beginning or end of the agreement, unless a
different reporting period has been approved by City, Con-
cessionaire shall submit within forty -five (45) days after
the close of the reporting period such financial statements
of his operations as may be requested by City.
22. Notices. (a) All notices herein provided to
be given, or which may be given, by either party to the other,
-22-
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shall be deemed to have been fully given when made in writing
and deposited in the United States mail at Newport Beach,
California, certified and postage prepaid, and addressed as
follows:
To the Concessionaire at:
Mr. Gordon Kilmer
259 Cabrillo
Costa Mesa, California
and to the City at:
City of Newport Beach
Attention City Manager
City Hall
3300 Newport Boulevard
Newport Beach, California 92660
(b) The address to which the notices shall or
may be mailed as aforesaid by either party shall or may be
changed by written notice, given by such party to the other,
as hereinbefore provided; but nothing herein contained shall
preclude the giving of any such notice by personal service.
23. Title to Real Property. Concessionaire hereby
acknowledges the title of the State of California and the City
of Newport Beach to the land comprising Corona del Mar State.
and City Beach Park and agrees never to assail or contest that
title. Concessionaire is not being granted any right, title
or interest in or to the land or any part thereof by this
agreement.
24. Contractual Rights Only. The parties agree
that Concessionaire is not a lessee or tenant of the premises
or any part thereof and that the only rights of Concessionaire
are those provided in this agreement. Should Concessionaire
be deemed a lessee or tenant, Concessionaire hereby specifi-
-23-
.s.x�'.�,'�#'�-- ��'°' =�= G ...71+.� ,. h kE�dx. ..�.4.:..l �'a. _ : ;_af�:&z+..„.s ���i' 't^ ��i.em. ,«w4:a:,',.f. n3� .,s:�S•_....«
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cally waives all rights under Section 1942 of the Civil Code
of the State of California.
25. Administration of Contract. For the purposes
of the administration of this contract by the City, "City"
shall mean the City Manager or an officer or employee of the
City of Newport Beach authorized by him to administer the
contract. If Concessionaire is dissatisfied with any action
or decision of the City, Concessionaire may take the matter
to the City Council for review. A decision by the City
Council is final.
26. Concessionaire to Pay Cost of Litigation.
Concessionaire agrees to pay City all costs and expenses,
including reasonable attorney's fees, incurred by City in any
action, brought by City to enforce the terms of this agreement.
27. Limited Waiver. No waiver by City of any term
or condition of the contract or of any breach thereof by
Concessionaire shall constitute a waiver of any other term or
condition or of any other or future breach.
28. Automatic Termination. Should any person other
than Concessionaire secure possession of Public Service Areas
No. 1 or No. 2 or of any part thereof or secure any rights
under this contract by a writ of attachment or execution or by,
any voluntary or involuntary assignment or by any petition,
receivership or proceedings in bankruptcy or any other
operation of law whatsoever, and remain in possession or
maintain any right or rights for a period of five (5) days,
this agreement shall automatically terminate without any
action on part of City, and City may enter and take possession
of the premises, buildings and fixtures and remove all
-24-
persons and property therefrom.notwithstanding any other
provisions of law or of this agreement.
29. State Approval. It is mutually understood
that this agreement must be submitted to the Department of
Parks and Recreation Resources Agency, of the State of
California for approval and is not effective until such
approval.
30. Telephone Booths. Space is provided on said
Public Service Areas No. 1 and No. 2 for telephone booths.
Concessionaire shall arrange to have coin - operated telephones
installed as necessary to serve the public. Concessionaire
shall provide electricity to the booths and shall keep them
clean. Any revenue to Concessionaire shall be included in
his gross sales receipts.
31. Parkin, Lot. Concessionaire understands and
agrees that City is to operate the parking lot at the Park
and may increase or decrease the size thereof in the sole
discretion of City. City shall determine the times of
operation of the lot and may close the same at any time it
deems necessary or convenient. All revenue from the lot
belongs to City.
It is agreed that City will allocate and
designate the location of parking spaces deemed necessary
by City to serve Concessionaire and employees of Concession-
aire without charge therefor
The number of spaces allocated
without charge shall not exceed ten (10).
32. Business Use Only. The buildings used here-
under by Concessionaire are for business use only and neither
-25-
. .. _ _ . _ ....
s a
Concessionaire nor any employer agent of Concessionaire
shall reside in such buildings or in Public Service Areas
No. 1 or No. 2.
33. Prompt Performance Required. Time is of the
essence of this agreement.
IN WITNESS WHEREOF the parties have executed this
agreement as of the date first °' -�
APPROVED AS TO FORM:
vwflhi
City Atrt<frney
Concessionaire
IC TY OF NT �TPORT
B
yor
;tyl Clerk
APPROVED by Department of Parks and Beaches,
Resources Agency, of the State of California, this „16A�4 day
of ri 1970.
By
'DzPUTY DI.' CTOM
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3/4/70 -26-
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EXHIBIT.:
Public Works Boud-
Faithful Perfornumm
California
The Travelers Indemnity
Hartford, necticut
(A STOCK COMPANY)
CONTRACT BOND
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Comany
BOND # 1644992
R
KNOW ALL MEN BY THESE PRESENTS, That we,... ----- GORDON ... KILMER
as Principal, and THE TRAVELERS INDEMNITY COMPANY, a corporation, incorporated under the Laws
of the State of Connecticut and authorized by the Laws of the State of California to execute bonds and
undertakings as sole surety, as SURETY, are held and firmly bound unto ------- ------------------------- ------------------ --------------
CITY ... OF - NEWPORT BEACH
in the sum of.. THIRTY -_ THOUSAND___ AND-- _QQ��.QQ____ - - - -- _.___ -..- .DOLLARS,
(g___-30,000r_00__) for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION of the foregoing obligation is such, that whereas the above bounden PRINCIPAL
has entered into a contract, dated -------- _10 ------ _19 0 - -, with
..... -- ----- --------------- --- -- ---- - - - -- CITY -_0F _NEWPORT -- BEACH- --- -- ......- ---- -- - -.... - - - ---- _-------------
to do and perform the following work, to -wit:
COMPLETE ALL OF THE WORK ON INTERIOR OF BUILDING LOCATED AT PUBLIC
SERVICE AREA #2 AND INSTALLATION OF CABINETS, FIXTURES AND EQUIPMENT
IN ACCORDANCE WITH AGREEMENT
NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform the work con-
tracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full
force and effect.
SIGNED AND SEALED this .... ........ 1-'jth ........ ... . .. .day of --- - ----- . .... ?tr rll ....... -.............. A. D. 19_7.0..
WITNESS: -° ... •.... (SEAL)
on Kilmer
The Premium charged for this THE TRAVELERS INDEMNITY COMPANY,
Bond is $450.00 By:
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EXECUTED IN DUPLICATE Ao wa arrar, Jr ttoi'ney -in -Fact
5-600 PRINTED IN U.S.N.
REV. 11-61
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State of California )
County of LAS Angeles } ss.
On this 17th day of April , 19- before me personally came
Holway D. Farrar, Jr.
to me known, who being by me duly sworn, did depose and say: that he 19 Attorney(s) -in -Fact of The Travelers
Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the
seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority
granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name
thereto by like authority.
W di ...
OFFICIAL SEAL _
MARGUERITE STEVENS
? NOTARY PUMC - CALIFORNIA (Notary Public
' PRIlICIML OFFICE IN
6 LOS ANS1aLER COUN"
My commission expir My COMI"belon I!
SA92 aw. s as 1971._
Public Works Bond —
Labor and Material
California
The Travelers Indemnity Company
Hartford, Connecticut
(A STOCK COMPANY) BOND # 1644992
KNOW ALL MEN BY THESE PRESENTS, That we,---------- _GQRDQR K.I R.. ........
as Principal and THE TRAVELERS INDEMNITY COMPANY, a corporation, incorporated under the
Laws of the State of Connecticut and authorized by the Laws of the State of California to execute bonds
and undertakings as sole surety, as SURETY, are held and firmly bound unto any and all materialmen,
persons, companies or corporations furnishing materials, provisions, provender or other supplies used in,
upon, for or about the performance of the work contracted to be executed or performed under the contract
hereinafter mentioned, and all persons, companies or corporations renting or hiring teams or implements
or machinery, for contributing to said work to be done, and all persons, who performed work or labor upon
the same, and all persons who supply both work and materials, and whose claim has not been paid by the
contractor, company, or corporation, in the just and full sum of ------ THIRTY THOUSAND AND 00/100
----- ----- ------ --- -- - - - - -- -------.DOLLARS, ($- - - ---- 30,000.00- - --- --) for the payment
-
---- - --- --- -- - -- - --
whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, admin-
istrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the foregoing obligation is such, that whereas the above bounden PRINCIPAL
has entered into a contract, dated.. - - -- -MARCH 10 19_ 70 - -, with
CITY OF NEWPORT BEACH
to do and perform the following work, to wit:
COMPLETE ALL OF THE WORK ON INTERIOR OF BUILDING LOCATED AT PUBLIC
SERVICE AREA #2 AND INSTALLATION OF CABINETS, FIXTURES AND EQUIPMENT
IN ,CCORDANCE WITH AGREEMENT
NOW, THEREFORE, if the above bounden PRINCIPAL, contractor, person, company or corporation,
or his or its sub - contractor, fails to pay for any materials, provisions, provender, or other supplies, or teams
used in, upon, for or about the performance of the work contracted to be done, or for any work or labor
done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, the SURETY on this bond will pay the same, in an amount not exceeding the sum specified
in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be
awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said
suit and to be included in the judgment therein rendered.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of
California designated as Title I, Division 5, Chapter 3 of the Government Code, and all amendments thereto,
and shall inure to the benefit of any and all materialmen, persons, companies or corporations entitled to file
claims under and by virtue of the provisions of this act.
SIGN D AND SEALED is ------- 1- %th ----------------------- day of - .._April--- - - - - --
-- ------------ A. D. 19_7D
WITNESS: �LIi.L... ----- - - - --- (SEAL)
--- -- -- ------- - - - - -- - --
orcion Ki mer
Preminni charge is included in
prezii,_, for Performance Bond.
EXECUTED IN DUPLICATE
THE TRAVELERS INDEMNITY COMPANY,
By:
- ° °- °- ---- -----
A orney -in -Pact
Holwa Farrar, J
1 AtW,. r-iv -Fact
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State of California
County of Los Angeles
I ss.
On this 17th day a{ April , 19 7O-, before me personally came
Holwav D
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s) -in -Fact of The Travelers
Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the
seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority
granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name
thereto by like authority.
r OFFICIAL SEAL
MARGUERITE STEVENS
NOTARY PVWC • CALIFORNIA 2 (Notary Public)
PRINCIPAL OFFICE IN /
' Lot ANOHLEt CouNrr r frAy C�i0a Expires 1URe 2. 19 71
My commission expires_ Orw
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RltSOuI'T ON No. 7 15 1
A RESOLUTION OF-"X CITY COUNCIL Of THE CITY
OF NZWFtRtT BRACH AWIRM=ING THU AUCUTIENO Of
AN AmEamyT BSTwa"!1 16 CITY or Ww RtT
BEACH AND GORDO KILIM IN COWAKCTION WITH
THE CORONA DEL MM STATE AND CITY "hCH PARS
CONCESSION FACILITIES
WHERUS, there has been presented to the City Council
of the City of Newport Beach a certain contract between the
City of Newport )leach and GORDON RIiMER9 In connection with the
operation of the Corona del Mar State and City Peach Park
concession facilities; and
WRT3YlwS, the City Council has considered the terms and
conditions of said contract and found then to be fair and
equitable;
NOW, , U IT RESOLVED that said contract for
the services above described is approved, and the Mayer and City
Clerk are hereby authorized and directed to execute the same
on behalf of the City of Newport beach.
ADOMD this 9th day of March. 1970.
Yor
ATTEST%
City Clerk
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A
PROPOSAL TO THE
CITY OF NEWPORT BEACH
FOR THE OPERATION OF THE CONCESSIONS
AT
CORONA DEL MAR STATE AND CITY BEACH PARK
The undersigned makes the following proposal to the City
of Newport Beach for the operation of the concession(s) at the
Corona del Mar State and City Beach Park in the City of Newport
Beach, California:
NAME :
GORDON DOUGLAS KILMER
BUSINESS ADDRESS: 3300 W- NEWPORT BLVD., NEWPORT BEACH, CALIF.
RESIDENCE ADDRESS: 259 CABRILLO, COSTA MESA, CALIF.
675 -2110 Ext. 548 -7885
BUSINESS PHONE NO.: RESIDENCE PHONE NO.:
and, if awarded the concession(s), agrees to execute the form of
agreement attached and operate the concession(s) in accordance with
the provisions of said agreement.
(NOTE:
ers
als may be submitted b
TO THE CITY OF NEWPORT BEACH:
I(Gke) declare that the only person or persons interested
in this proposal are those named herein; that this proposal is made
without collusion with any other person, firm or corporation; that
the location of the concession area(s), the terms, conditions, and
specifications, and other stipulations hereinbefore referred to
have been examined by me (t's); and I (v%) agree, if this proposal
is accepted, to execute the contract and operate the concession(s)
in accordance with its terms and to do any and all other acts to
fulfill the requirements thereof; and that during the term said
concession(s) agreement is in effect, I (-%) offer to pay to the
City the following guaranteed minimum rentals on the following
percentages of gross receipts, whichever is larger, from the date
-1-
TERNATE B. operation of the Concessions at Public Service
reeaas o an o. 2. In a dit on o t e existie
buildin-L t u c ervice Area No.W, City will
construct the shell of the new concession building
at Public Service Area No. 2, and the Concessionaire
�S will finish the interior of the new building,
including plumbing, flooring, electrical wiring
and fixtures, cabinets, fixtures and equipment, at
Concessionaire's expense.
of execution until the end of the term of the agreement if IM I am
I= awarded a contract, based upon ALTERNATE "B" (Please
indicate which alternative bid proposal you have selected.)
From the date of execution through December 31, 1979,
a guaranteed minimum monthly payment of: (a) $2,500.00 per
month for Public Service Area No. 1; and /or (b) $1,000.00 per
month for Public Service Area No. 2; for the months of June,
THIRTY-TWO
July, August and September, or 32 per cent (___�2 %) of
the monthly gross receipts from the sale of all salable
FOURTY -T'90
items, plus 42 per cent (____42%) of the monthly gross
receipts for these months of all rental items, whichever sum
may be larger, plus the same percentage of gross receipts
indicated above for any calendar month or portion thereof that
ARE
said concession(s) to operated prior or subsequent to June,
July, August and September during each year of this part of
the term of the agreement.
If the undersigned fails to execute the concession
agreement within ten (10) days after receiving notice from the
City that the agreement is ready for signature, the City may
determine that this proposal has been abandoned and thereupon this
proposal and the acceptance thereof shall be null and void and the
guarantee accompanying this proposal shall be forfeited and the
same shall be the property of the City.
Accompanying this proposal is Two Thousand and no /100
Dollars ($2,000.00)
CASHIER'S CHECK
(insert the words "Cash ",
'Cashier's Check ", "Certified Check ", or "Money Order ") as a
guarantee that, if the proposal is accepted, the undersigned will
execute the concession agreement.
-2-
IMPORTANT NOTICE: If the proposal is by a corporation, the following
information must be supplied for the president, secretary, treasurer
and general manager; if by a partnership, for all partners; and if
by an individual, for the individual. Additional information may be
required as to all such persons and as to other interested in the
proposal.
(Use additional sheets of paper, if necessary)
FULL NAME: GORDON DOUGLAS KILMER
BUSINESS ADDRESS: 3300 W. NEWPORT BLVD.. NEWPORT BEACH. CA
PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA: CORONA DEL MAR STATE -CITY BRACH PARi,
BUSINESS TELEPHONE NO: 673 -2110 Ext. 26
Yes
RESIDENCE TELEPHONE NO: 548 -7885 HOME OWNERSHIP? No
DATE OF BIRTH: 12 -26 -41 PLACE OF BIRTH:Pasadena, MARITAL STATUSMarried
Calif.
(List in order, starting with the most recent, the following
information on businesses in which you were employed or had an
interest during the past 15 years):
(Use additional sheets of paper, if necessary)
Name of business: CITY OF NEWPORT BEACH I Dates: 1060 -
Address of business: 3300 W. NEWPORT BLVD., NEWPORT BEACH, CALIF.
Type of business: State -City BEACH PARK OPERATION
Interest or position: PARK. PARKING LOT SUPERVISOR
Number of employees: 7 -lo Number supervised by you: 7-1n
Business Bank: BANK OF AMERICA. LIDO BRANCH
Annual gross: $120,000 C.D.M. & BALBOA
If a service business, the maximum number served in a day: 10,000
If not still affiliated, reason for leaving: - --
HAVE YOU EVER BEEN ARRESTED? YES NO X_
If YES, state where, when, reason, and disposition of matter: - --
-3-
DO YOU CONSENT TO BEING FINGERPRINTED? YES x NO
List five (5) character references:
Name Address City State
DR.
RICHARD HARRINGTON
599 Narcissus Ave.
Corona Del Mar Calif.
Mr.
John Webster
3024 Ocean Blvd.
Corona del Mar Calif,
Mr.
John Boyd III
711 Fernleaf Ave.
Corona del Mar Calif.
Calif.
Bay Department Store
Mr.
David Drury
433 Fernleaf Ave.
Corona del Mar Calif.
303
Main Street
Balboa
Dr.
Charles Harvey
721 Heliotrope Ave.
Corona del Mar Calif.
List five (5) credit references:
Name
Address
City
State
Security Pacific National
Bank
Mrs. Lynn Mueller
3475
Via Lido
Newport Beach
Calif.
Bay Department Store
Mr. Rodger Hanford
303
Main Street
Balboa
Calif.
Baker Medical Offices
Dr. John Fischer
1541
Baker
Costa Mesa
Calif.
Dempsey — Tegeler & Co.
Miss Susan Schisler
2863
E. Coast Highway
Corona del Mar
Calif.
Hoag Memorial Hospital
Mrs. Pat Kubeck
301
Newport Bltd.
Newport Beach
Calif.
IF YOU DO NOT INTEND TO INVEST YOUR OWN CAPITAL IN THIS CONCESSION
BUSINESS, STATE SPECIFICALLY AND IN DETAIL THE SOURCE OF YOUR
CAPITAL
$40,000 CAPITAL: MY INVESTMENT $10,000; (Uncle's Interest Free Loan) $10,00c,
Mr. Charles B. Kilmer, 417 Columbus Circle, Corona del Mar, Calif.; $10,000 loan from
Mr. Brent Wahlberg, 396 Commonwealth, Fullerton; $10,000 loan from Mr. Donald Swanson,
606 Begonia Ave., Corona del Mar, Calif..(ADDITIONAL INFORMATION SUPPLIED ON REQUEST)
In the following space, or on additional paper, state the reasons
you feel qualified to conduct this business,and supply any addi-
tional information about yourself, your business, or your plans for
the conduct of the concession(s) which you feel will be helpful to
the City in evaluating your proposal for the operation of the
business at Public Service Area No. 1 and /or Public Service Area
No. 2, in Corona del Mar State and City Beach Park:
"SEE ATTACHED PAPER ON FOLLOWING PAGE"
-4-
During the past eight years I have had supervisory
authority over the concession program and this has enabled
me to gain a detailed and complete knowledge of that operation.
In conducting the concession business I recommend and
I am prepaired to carry -out the followings
1. Cash Register Tapes
I recommend that the city play an active role in insuring
that the tapes are recording each and every sale.
I will cooperate with and welcome close inspection of
register tapes and books by the city at any time.
2. Concession Design
'The new snack bar will meet the highest standards of
sanitation. The working areas in the front of the
building are especially designed so that nothing will
rest on the floor. The grill and frier units will be
installed on four inch concrete curbsand the under -
counter refrigerators will sit on legs to'allow -easy
and trorough clear. -up. The ur_dercour.ter refrigerators
in the existing snack bar will be raised off the floor
to help eliminate areas of uncleanliness.:
3. Hamburger Patty
More expensive meat will. be purchased to increase the
quality of the hamburger patty by 20 %. I guarantee
the quality of all food and service will be equal or
greater to that which now exists.
4. Food 'Service
The public will be better served. Increased counter
space and a full compliment of food service equipment
for each two windows in the new snack bar as opposed to
four windows in the old building will make food service
faster and more efficient.
5. Assigned Areas
Assigned areas will be maintained in a high standard
of cleanliness. Trash barrels will be kept out and
availiable for the public to use in proper quantity
at all times.
6. Rental Gross
The proposed rental area in the new snack bar will
help to increase the rental ross in greater proporation
to food gross. The present 12,700 to $156,500 food
gross is less than it should be and part of the problem
is the 52% of the gross the city is now receiving.
Initiative for present management to do better is
lacking. With the lower percent offered the quality and
quanity of surf equipment will be increased as will the
labor to give the service to the public that is required
to ircrease this presently low rental gross.
RENTAL EQUIPMENT
150 Heavy Duty Surf Riders (Retail 33.95)
150 Sea and Ski Umbrellas
6 Volleyballs
80 Backrests
Additional equipment will be added as demand requires.
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s : s.
I (WK) agree that all information supplied may be checked,
and that such information and any additional information obtained in
the course of evaluation of this proposal may be disclosed to the
City Council and others concerned as necessary to reach a decision.
Dated: JANUARY 9, 1990
(Have you provided
statements and all
required ?)
Si atures: X. tz""'
the financial
other information
v PLANS
v'SPECIFICATIONS
✓FINANCIAL STATEMENT
v REVTAL EQUIPMENT
,16ASHIER'S OHEC%
-5-
February 2, 1970
REt FURTHER REFERENCE TO MY PROPOSAL TO OPERATE CONCESSIONS AT THE CORONA
DEL MAR STATE -OITY BEACH PARR DATED JANUARY 109 1970 AND MY SUPPLEMENTAL
AGREEMENT DATED JANUARY 23, 1970 LIMITING THE CITY'S LIABILITY TO
$Nt000 ON BUILDING COSTS OF CONCESSION SHELL.
Dear Chairman Hirth and Members of Council'p Special Committees
Please allow me to make it clear that I am prepared to furnish any
capital necessary to guarantee any obligations to the city which this
committee deems necessary or advisable. '
With respect to the question of experience I feel confident that
my years of supervisory experience.and knowledge of -the concession
operation will enable me to operate and manage it to your satisfaction.
I have Mr. Brian Carr under contract to work for me this year..
Mr. Carr has worked in the snack bar for the last seven years and has
managed it for the last two. I have known him to be a hard working,
capable manager and he will be a great help to insure a smooth change-
over from the current operator to myself.
My brother George Kilmer will help set up the new operation with
an eye to design and efficiency. He is also interested in improving
the menu. George has fifteen years experience in the restaurant business
as a working manager and part owner of Twoohey's Restaurant in Alhambra
which does a gross business over (500,000 yearly.
In addition to the above I believe the very nature of the business
calla for a young man to run it. The record shown a history of health
problems related to the physical demand and mental pressure of this
business. This is something I know very well and I am conditioned by ..
my experience to deal with.
Sincerely yours, .�n� _�
4tw*_11
++ddY
i
r
February 2, 1970
RE: FURTHER REFERENCE TO MY PROPOSAL TO OPERATE CONCESSIONS AT THE CORONA
DEL MAR STATE -CITY BEACH.PARK DATED JANUARY 10, 19704ND MY SUPPLEMENTAL I
AGREEMENT DATED JANUARY 23, 1970 LIMITING THE CITY$S LIABILITY TO
$509000 ON BUILDING COSTS OF CONCESSION SHELL.
v
Dear Chairman Hirth and Members of Councils Special Committ I
1
i
Please allow me to make it clear that I am prepared to furnish eqa'.'
capital necessary to guarantee any obligations to the city which this
committee deems necessary or advisable.
With respect to the question of experience I feel conftdeat that
my years of supervisory experience'.and knowledge,of. the coheeesion
operation will enable me to operate and manage it to your satsefaction.
I have Mr. Brian Carr under contract to work for me this year.
Mr. Carr has worked in the snack bar for the last ;.seven years and has
managed it for the last two. I have known him`.to be a hard working,
capable manager and he will be a great help to insure a smooth change-
over from the current operator to myself.
My brother George Kilmer will help set up the new operation with
an eye to design and efficiency. He ie :aiso interested in improving
the menu. George has'fifteen years experience in the restaurant business
as a working manager and part owner of Twoohey'e'Restaurant in Alhambra
which does a greee business over $500,000 yearly.
i
In addition to' -the above I believe the very nature of the business
calls for a young 'man to run.it. The record shore a history of health
problems related to the physical demand and mental pressure of this
business. This is something I know very weil,and I an conditioned by '.
my experience to deal with.
Sincerely yours,
! 1
February 2, 1970
RE: FURTHER REFERENCE TO MY PROPOSAL TO OPERATE CONCESSIONS AT THE CORONA
DEL MAR STATE -CITY BEACH PARK DATED JANUARY 10, 1970 AND MY SUPPLEMENTAL
AGREEMF5T DATED JANUARY 23, 1970 LIMITING THE CITY'S LIABILITY TO
$309000 ON BUILDING COSTS OF CONCESSION SHELL.
Dear Chairman Hirth and Members of Council's Special Committee;
Please allow me to make it clear that I am prepared to furnish any
capital necessary to guarantee any obligations to the city which this
committee deems necessary or advisable.
With respect to the question of experience I feel confident that
my years of supervisory experience and knowledge of.the concession
operation will enable me to operate and manage it to your satisfaction.
I have Mr. Brian Carr under contract to work for me this year..
Mr. Carr has worked in the snack bar for the last seven years and has
managed it for the last two. 'I have known him to be a hard working,
capable manager and he will be a great help to insure a smooth change-
over from the current operator to myself.
My brother George Kilmer will help set up the new operation with
an eye to design and efficiency. He is also interested in improving
the menu. George has fifteen years experience in the restaurant business
as a working manager and part owner of Twoohey's Restaurant in Alhambra
which does a gross business over $500,000 yearly.
In addition to the above I believe the very nature of the business
calls for a young man to run it. The record shows a history of health
problems related to the physical demand and mental pressure of this
business. This 1s something I know very well and I am conditioned by .
my experience to deal with.
Sincerely yours,
014t*_-- �
�
0
FOOD ?ERVICE HQUIPM7VT
1. SCOPr
Furnish and install kitchen equipment as indicated and specified
complete.
2. WORK INCLUDED IN TJIS SECTION
Principal items of work includes
a. Kitchen equipment including equipment stand and supports.
b. Guarantees Asper manufacturers standard warranty unless noted
otherwise
3. '?OnK NOT INCLUDED IN THIS SECTION
a. Rough -in for plumbing, steam and gas services to eeuipment
Including shut-off valves, trim, traps, outlets, and connection
to equipments unless noted otherwise.
b. Ductwork for equipment recuirements of ch7ets, except where
shovm or specified as hart of the equipment.
c. Alectriral services, including wiring final connections to
equipment.
d. Electrical receptacln-� and caps to fit same.
e. Concrete bases and curbs.
f. Carpentry work.
4. COD'S UT STANLAR.DS
Conform work and materials to latest riles of U.S, Public Health
Service, Yational Eoard of Fire underwriter`s Local or estate Ordinances,
State Accident Commission Safety Orders, regulations of State Fire
^arshall and prevailing rules and regulations governing any moving
parts or otherwise hazardous locations.
as Regulationst Follow local, Gate and National codes Applying
to this work. Conform to the most stringent requirements and
aut`_•oritles having jurisdiction.
b. "anufactured Itemst Conform to current standards and revisions
Of National Sanitation Four dation, Ann Arbor, Michigan.
2 :JAS
77,. Z
Sly
r 4-
ir
... . . ..
\ y�.0 »�»<2 §�2.« « °� ~~ \� !d ««.< ..
0
c. Fleetrl.c Roestpd and /or Reated Eauiprent,t ronfor. _°ebricated
and manufactured equipment to latest NE?fA standards, U.L.
requirements, and authorities having ;jurisdiction.
d. Standard Steam Heated Eguinmentt Marntfacture in accordance
with 477 stair.
e. Gas Heated Fouipmentt Enuip lnirners with automatic lighters;
oven burners and other concealed burners with automatic
safet" pilots.
5. ?Aa*?IG6r- n TTPT,
a. Ply one manufacturer only, acoertable. to (1179P AM Dr SIGN R.
b. ':'ork*anshint 7n an apprnvetl workmanlike manner to complete
satisfaction of G'. ??E" 1 7J;,
C. Sheet KetAlt
1 STAINUM 1-771, Dr:;- 7TC F:A ` t TV14, i'tandani guages
• 18-9 type 302, "o. << finish, i:rindwelds smooth and
polish to match finish. !rain of stainless steel to ran
vertically on die, door and drawer surfacest lengthwise
on horizontal surfaces.
(2) GALVANIZED ITZONt Armco, or equal. Meld galvanized iron
frame *cork. Grind :relds smootht touch up Wrned spots
with " .alvalny?" or equal.
d. Stainless Steel 'INhingi 1 -5/8" diameter, 16 gauge stainless
steel.
e. Rollst 1-1/14" diameter, a °cept as nthcr4dso detailed, with
bul.lrnse cornsre, ground And ;:olished,
f. Seams and Jointst Shop r -gilded as required. Grind welds
smooth and polish to match adjoining finish unless otherwise
specified. '+geld 19 guage or heavier nite-It1s.
a. Metal Guaaes and Yaterialst As required on plans and specifications.
h. ? "etAl nrct CND- . ^-T.? ^` welded construction, reinforced on underside
with closed salvanized steel hat sections, unless specified otherwise,
welded in place and cross braces 1.1af. 30" on center.
n
U
(1) Pleld Joirtst Fake sanitarg, tight, and without open
seams by welding.
(2) Patt Jointst r °ade by rLviting strana under seams and
fillinrr •-ith solder solder are not aceetablet
h. i-,Toou m r,?C
a. Laminated plastics shall be Formica brand, or approved equal.
All material stall be veneered with UPZA used cements, water-
proof and heat - proof. Laminated plastics shall not be less
than 1/1611 thick.
b. Material shall be applied over close - grained hardwood plywood
of selected srooth sanded stock to insure a rirvle -free laminated
surface. 'inn sleet gall 'ne placed on arc over finished edges.
•
c. Pattern
of rlasti.c lardrate
shall _run in vertical direction
on all
vertical surfaces and
borizortal surface pattern shall
•
nm in
the lon?er direction.
•
11 A T C
BROTHERS
�o7 dor, KilmFr
?59 (rthri l to
Costa ''esa. Califnrnia
°CIFICA''l0 "3
December 23, 1969
Rot Concessionildi.nt?
Corona del MFtr 'gain _Peach
I'v- -Y gQTV'TITY D" "C PII'T10M
1 2 ":oft drink dist3ersnr _and ice bins. Soft drink di_suenser shall
be "ar- o- maztic ^yodel rOM- 400 -F-4 ITpertnl, tiro stations regnired
to disperse (2) colas, orange and root bp-?r, system to be
supplied with 'Nlly assembled stainless steel pedestals, carbon -
Ater, sty five - gallon stainless steel, s -;nt.p tanks wit!• quick
e'isconnect ra= fittings, h1rh And lov pressure remilAtom. -,
sttper cold ulit <s 17 x 1.9 all fittings, hi- pressure soda and
syrup t,thina for aonrcxirately a tK' run. System to he eomplote
"Tith 1 yaar t7ztrr -Ant" on rants And 90 daq sei-Ace.
2 ° Cttn T`i s )AnsArs. '•'1911 he Lilly drop in tyre (sized to flt
mane", curs).
3 2 Tirdercounter refrimerators shall '-c Tlelfield model. '10,'-?
complete *.rith stainless steel front and ends. Interior iwttom
An:! hack to he stai.nlnss .^.teal -Yit!i coved ' 'norizortal, and
r ^rt'epl corners. Pytnm. s'a1.1 be mcrurted or T" ad,iustable
sanitary less any? s) -ill on�rate on 120 volt, sirzIe phase.
1a 2 Coffee 4armers. (To he snnplied by othr.-re.)
5 2 Malt dispensers. (Tn. h= snenlied `�y others.)
6 1 Sew ng Counter. Custom fabricate as detailed on sh-et Yo. 4
?'op, smash, pedsst'%T suonorts Prd intermediat'= shelf shall be
laninsted [?l.a�ti.c (color as selected).
9 2 Soo *.a cone dish- -�nsnrs. Clawson model 55r=" electric counter
model. 'lnit Ghall orerate on 1/3 h.p. 120 volt, sin?le phase.
R 2 Ice cream cabinets. Kelvinator model 4 -DF complete as per
rarntfaoturrrs standard specifications. Provide unit *d.th
stainless steel crt -rtor, to ?-ecnmo nirt of Item No. 10.
Cc- pressor s ^all nret -ato on 1/5 h.p. 120 volt, sinrl.e phase.
9 2 Cash rnaistprs. (°'^ surhli. ^d ty others).
DESIGNERS & SUPPLIERS TO THE RESTAURANT INDUSTRY
57 TOWN & COUNTRY ORANGE, CALIFORNIA 92668 714/542 -2421
`fr. Gnr -ion ! ilmer Snecificstinna -Page P.
December 23, 1969
ITx *
7?I4 "�3"Y
10 2 "Mork Table. Custom fati`ricate as detailed on .+hest No. 3. Top
and smash to be all melded 16 Iaure stainless steel, turn top
dorm ?" on front and ands ari nr. 6" at back .sulr.sh. Fixture to
have cabinet t�me base r*ith 1.9 gauge stainlns.s steel shelves and
e -posed end. 9t left end nrovi.de spac9 for ice cream cabinet
It ?m `io. R. "orznt entire fi.xtura on masonry platform! suoplied by
Whers.
11 2 wood - rmrmers. Cres -coy modal "nit shall be
complete as par manufacturers standard specifications. Unit to
have. (2) starlite infra -red hood and lanns and base to hold two
number 200 hotel pans (-pans not included).
12 1 -lot Disnl.2y shelves (to be supplied ?y ot`ars).
13 1 Chef'.^, cmrt -r. 0,]eton fabricate as detailed on ,=,hest No. 3.
Ton are. .splash t� be all welded 16 ?auee stainless steel with
front and ends turned down 2" and back snl.ash turned uo 6 ".
Pro ide cutonts In top for griddle, two frvers and (4) condiment
nays. :1?.1 as detailed. "ount ton on cabinet tvoe `�ase with
front and shelves of 1P Tau -e stainless steel. Prnvldf- 20 gauge
5tainlnn nt ^e1 7rease can (removable). :`.ount snti re f3.xture on
masonry nlatfnrm as su- nli.ed by others.
• 14 !t Cordi7s -t pans (to be sunoli.nd ?v ot.h. -,-s).
15 1 ^r4ddle. ".^. °anfln nodal built in floating type
7riddle vitb 1" t'Tick toernostatically controlled plate. Provide
contlri!ous a„t +.er around ori0el.e as part of Item "o. 13, Unit
s'hnll orerate or nataral gas.
76 2 7rvers. F'rvma.st -r nodal J- 2X -`:SP. Pullt in fryer �flth 35 round
fat, capacity and stairlea- steel not. Units shall operate on
natural. gas.
17 1 Nnse exhaust hood. Custom fabricate as detailed on Sliest No. !J.
1�rposed e*terior shall be 20 gauge stainless steal, unexposed
Interior to 'e 2n vauae galvanized. Prnvl-le (5) 16 x 20 x 2"
grease filters. Duct to '^s 16 Pause galvanized all welded and
painted. As part of this item provide 22 gauge stainless steel
Mall. flashirP were - nosed.
18 1 Ssrvirn counter (ame snecifi_cation as for Item No. 6),
19 1 -lot. CO?, s!rnxp tanks and carbonst.or (P.escriptior included in Item
"O. 1.
20 1 Ice Machine (to be supplied by otht -rs).
• 21 1 'ester Heater (to ',e su:plie' 'v others).
22 I -lot Shelves over (to be surnlisd 1+y others).
9
•
Mr. Gn-mHM Kil-ler ;pmci.fications -Page 3 December 23, 1969
I? !Y•t CSI t *. ^T'y nr-.r"Iri TON
2.3 1 Double. compartment sink. Dintom fabricate as detailed on .Sheet
-0. 3. Sirs -s and erairhonrds to bA all -elded 1F vauve stainless
steel frith !)oriz.ontal front and rear corners coved 9/15" radin.s.
�iwtura ahal? h, ;nrnorted tiv l_ 5 /8" 16 vauGe st ^fief. ^s� steel
tube leis. Provide (1) full length IR saugr stainless steel
shol.f under aG detailed. Faucet, and. wastes to he supplied by
Plumber.
2!t
1-1-ot `storage shelvi.np• (to be sunplied by others).
25 1. ?each -in freez -r. Johnson model. "�ao door reach -in
freezer. Z'ni.t to he tno mounted self contained. 7yterlor to be
0 ranee stainless steel front and ends. Intsrior to be aluminam
and stainless st -el. Frmszer to he suopli -d faith standard.
comnlireert of w- re. shelves s.nd 5" adinstablP sanitary feet.
2F l.. Peach -in refriferat.or. Johnson maree door reach
to refrigerator. Unit to be ton - ount.ed, soli contaiinod. '�Aerior
to I-)e ?n Panne stainless steol front, arnl Winds, irtori.or to be
alum3rn.n and stainless steel., r =friPerstor t^ bQ ss ali•=d with
st.an,4ir% cor^nli rent of sere shelves a- 6" adius`sble sanitary
leis.
27 1 DrV eFe feel. fire syFten. PhnPa exhaust hood Item tJo. 1.7 shall
br- eauippod v t.h an approved automatic dry ch. ^.nical Piro
nrotscti.on sv -t..n.
^.8 i 'rha-2st duct and bl.osrer (description included in Item No. 17).
?9 1 7`s1-e -ao air. Pn v`.r,'e rake -un ai.r `•lower sized to supply
nn.-rorinstel.y 1 ^5'` of exhaur *, air reeuixwr,'.
30 1 ?lc fen (to bT surjnlied by others).
31 1 -lot 3mn11 h=ares (to he supplied =„ others).
F
0
0
OWNER
CITY OF NEWPORT BEACH
PROJECT MANUAL
FOR THE
CORONA DEL MAR CITY AND STATE BEACH PARK
CONCESSION BUILDING ADDITION
Newport Beach, California
WILLIAM BLUROCK & PARTNERS
Architects and Planners
1550 Bayside Drive
Carona del Har, California
Area Code 714 - 673 -0300
0
0
0
TABLE OF CONTENT
BIDDING REQUIREMENTS:
PAGES
INCLUSIVE
NOTICEOF INVITING BIDS ............................ 1
INSTRUCTIONSTO BIDDERS ............................ 1 - 3
FORM OF PROPOSAL (TWO COPIES)..................... 1 - 5
BIDDER'S BOND... ............. ........ 1
STATEMENT OF FINANCIAL RESPONSIBILITY.... .......... 1
NON- COLLUSION AFFIDAVIT............ 9 ............... 1
CONTRACT FORMS:
CON TRACT............ ............................... 1 - 2
LABOR AND MATERIAL BONO ............................ 1 - 2
PERFORMANCEBOND .... ............................... 1 - 2
FORMOF GUARANTEE ... ............................... 1
GENERALCONDITIONS ...... ...............................
SUPPLEMENTARY GENERAL CONDITIONS .......................
SPECIFICATIONS, ..... ... ...............................
1 - 19
1 - 2
1 - 14
CITY OF NEWPORT BEACH, CALIFORNIA
• NOTICE OF INVITING BIDS
SEALED PROPOSALS will be received at the office of the City Clerk,
City Hall, Newport Beach, California, up to, but not later than
0 :00 A,M,. Tuesdaygs March 3 1970, at which time they will
be opened and rea , for performing work as follows:
CORONA DEL MAR CITY AND STATE BEACH PARK
CONCESSION BUILDING ADDITIONS
NO BID will be received unless it is made on a proposal form as
bound in the specifications. Each bid must be accompanied by cash,
certified check or bidder's bond made payable to the City of Newport
Beach, for an amount equal to at least 10 percent of the amount bid,
such guaranty to be forfeited should the bidder to whom the contract is
awarded fail to enter into the contract.
In accordance with the provisions of Section 1770 of the Labor
Code, the City Council of the City of Newport Beach has ascertained the
general prevailing rate of per diem wages in the locality in which the
work is to be performed for each craft or type of workman or mechanic
needed to execute the contract and is set forth in Resolution No, 6982
A copy of said Resolution is available in the office of the City Clerk
in the City of Newport Beach.
• All bids are to be compared on the basis of the Architect's
estimate of the quantities of work to be done,
No bid will be accepted from a Contractor who is not licensed in
accordance with the provisions of Chapter 9, Division III of Business
and Professions Code.
Plans and Specifications, forms of proposals, bonds and contract
may be obtained at the Office of William Blurock & Partners, Architects,
1550 Bayside Drive, Corona del Mar, California, and will be available
for examination at the Public Works Department, City Hall, Newport Beach,
California.
Deposit of $10,00 will be required for each set of plans and
specifications, The deposit will be returned only upon return of the
documents complete and in .good condition within five days after the
bid opening,
The City of Newport Beach reserves the right to reject any or all
bids and to waive any informality in such bids.
CITY OF NEWPORT BEACH, CALIFORNIA
0 LAURA LAGIOS, City Clerk
• INSTRUCTIONS TO BIDDERS
ART. 1. GENERAL
A. Examination of Documents: Before submitting proposal, each
Bidder shall exam ne ontract Documents in order that he
may be fully informed as to materials, labor and
workmanship required and conditions under which they must
be furnished and placed.
B. Su lementar Information: After executing Agreement, no
consi eration will be given to any claim of
misunderstanding of Contract Documents. No one is
authorized to amend documents in any way by oral statement
nor to make any representation or interpretation in
conflict with their provisions. Supplementary information,
if necessary, will be mailed in addenda form simultaneously
to all bidders.
C. Discrepancies: Should discrepancy exist on drawings or in
spec cat ons or between drawings and specifications,
Contractor shall call discrepancy to attention of Architect
for clarification. If discrepancy is not covered by
• addendum or written directive based on such clarification.
Contractor shall include in his bid materials and methods
of construction resulting in higher cost.
ART, 2. EXAMINATION OF THE SITE
A. Examination: Bidders shall
site proposed work
conditions under which work
and extent of work involved.
visit and carefully examine
and acquaint themselves with
will be performed and nature
B. Conflicts: In event that any conflict is discovered
etwb�eei actual conditions existing on site and conditions
described or indicated on drawings or in specifications,
bidder shall call such conflict to attention of Architect,
and request clarification before his proposal is submitted,
Otherwise it will be assumed that premises have been
thoroughly examined and found to be acceptably described.
In such event, it will be responsibility of Contractor to
produce finished result indicated on drawings and specified
herein without claim for extra costs.
ART. 3. SUBMISSION OF BIDS
A. Form: Proposal must be made on blank Form of Proposal
a tached, 1 copy of which shall be removed from
• specifications, filled in and enclosed in a sealed envelope
addressed to The City Council, Newport Beach, California,
INSTRUCTIONS TO BIDDERS - 1
and endorsed "Proposal for the General Construction" and
• further endorsed with the name of Project on which bid is
made, as shown on title page of Form of Proposal.
B. Scope: Proposal must be for complete work of contract as
ea scribed in Contract Documents.
C. Bid Deposit: Each bid must be accompanied by a certified
or cashier's check payable to Owner, or satisfactory bid
bond in favor of Owner, executed by bidder as principal and
a satisfactory surety company as surety, in an amount not
less than ten per cent (10 %) of the bid.
D. Insurance: Each bidder shall include all costs of
maintaining insurance complying with provisions of General
Conditions and Supplementary General Conditions of
Contract.
E. Bonds: Each bidder shall include all charges for
furnishing a Performance Bond in sum of 50% of contract
price and a Labor and Materials Bond in sum of 50% of
contract price.
F. Subcontracts: Each portion of work shall be performed by
an organization equipped and experienced to do work in the
particular field, and no portion of work shall be reserved
by Contractor to himself unless he is so equipped and
•
experienced. Each proposal must include a complete list
naming subcontractor proposed for every portion of work in
accordance with the Subletting and Subcontracting Fair
Practices Act, commencing at California Government Code
Section 4100,
G. Substitutions: If Contractor is unable for any reason to
offer ra bid on the work as specified, or if he desires to
make a substitution for any work shown or specified which
may not be considered equal to work called for, he may list
substitutions in space provided in the Form of Proposal.
Refer to Art. 43 of General Conditions for detailed
requirements. The Owner reserves the right to base his
selection of a Contractor exclusively on the base bid
presented, or on the combination of the base bid and the
acceptance of any substitutions or separate bids.
H. Approved Equals: If bidders wish to submit any item for
approval as equal to that specified, such request shall be
submitted to Architect either a minimum of ten days before
bid opening, or within 30 days after contract award, Refer
to Art. 43 of the General Conditions for detailed
requirements,
I. Signatures: The proposal must be signed with the full
• name of the bidder and his address; if a co- partnership, by
a member of the firm with the name and address of each
INSTRUCTIONS TO BIDDERS - 2
member; if a corporation, by an officer thereof in the
• corporate name, and having the corporate seal affixed, if
a joint venture, by each joint venturer.
J. �Delivery: All bids must be delivered to the office of the
i�CZerk, City Hall, City of Newport Beach, California.
ART, 4, AWARD AND EXECUTION OF CONTRACT
A. Bid dDDeposit Return: Deposits of the low three or more
bidders, number being at discretion of Owner, will be held
until after execution of Contract, at which time these
deposits will be returned. All other deposits will be
returned after consideration of the bids.
B. Notification: Upon award of contract, bidder to whom
award is made will be notified, He shall, within 5
calendar days from date of such notification, execute the
Agreement, and provide required bonds and insurance
certificates.
C. Execution: In event bidder to whom award is made fails or
refuses to execute contract within the time limit above
specified, Owner may declare Bidders deposit forfeited as
damages caused by failure of bidder to enter into contract,
and may award contract to other bidder or bidders, or may
• call for new bids.
D. Reservation of Rights: Owner reserves right to have
per orme ent amount of work indicated by drawings and
specifications, or such part or parts of work as he may
elect, Owner reserves right to reject any or all
proposals, to accept other than lowest proposal, to effect
any combination of proposals and to waive any informalities
in any proposal.
•
ART. 5, ADDITIONAL DOCUMENTS REQUIRED
A. Statement of Financial Responsibility.
B. Non- Collusion Affidavit.
INSTRUCTIONS TO BIDDERS - 3
11
0
0
FIRM NAME
ADDRESS
TELEPHONE
FORM OF PROPOSAL
for the
GENERAL CONSTRUCTION
CORONA DEL MAR CITY AND STATE BEACH PARK
CONCESSION BUILDING ADDITION
Newport Beach, California
ARCHITECTS:
WILLIAM BLUROCK & PARTNERS
1550 Bayside Drive
Corona del Mar
DATE , 1969
(one copy to be filled in and
submitted as the bid, the other
for your files)
FORM OF PROPOSAL - 1
s yo
= 3d
VV
To: Honorable City Council
City of Newport Beach, California
The undersigned, after having carefully read and examined the details,
drawings, and specifications, and having examined the premises and the
conditions under which the work is to be performed, hereby agrees to
furnish all of the labor and materials necessary, for the GENERAL
CONTRACT WORK of THE CORONA DEL MAR CITY AND STATE BEACH PARK
CONCESSION BUILDING ADDITION, Newport Beach, California, for the sums
below quoted and hereby agrees to complete the entire work within 150
consecutive calendar days.
BASE BID: INCLUDING ALL WORK SHOWN ON THE DRAWINGS AND DETAILS AND
HEIFEiN—STECIFIED (excluding ADDITIVE PRICE BIDS),
SEPARATE BID N0, 1: State the Additive Se arate price for all utility
work gas, water, sewer, electrical) as s own on the drawings, details
and as specified,
ADD ($ )
DESIGNATION OF SUBCONTRACTORS:
•In compliance with the provision of Sections 4100 -4113 of the
Government Code of the State of California, and any amendments
thereof, each bidder shall set forth below the name and the location
of the mill, shop or office of each subcontractor who will perform
work or labor or render service to the Contractor in or about the
construction of the work or improvements to be performed under these
specifications and the portion of the work which will be done by each
subcontractor.
If the Contractor fails to specify a subcontractor for any portion of
the work to be performed under the contract, he shall be deemed to
have agreed to perform such portion himself, and he shall not be
permitted to sub - contract that portion of the work except under the
conditions hereinafter set forth.
Sub - letting or sub - contracting of any portion of the work to which no
subcontractor was designated in the original bid, shall only be
permitted in case of public emergency or necessity, and then only
after a finding reduced to writing as a public record of the
Legislative Body of the Owner,
to
• 2,
SECTION SUBCONTRACTOR'S NAME AND ADDRESS
FORM OF PROPOSAL - 2
0 3,
40
5,
6,
7�
8e
9,
10.
11.
120
13.
14.
15.
16,
17.
18.
190
20.
21.
22.
23.
24.
250
26.
27.
• 280
FORM OF PROPOSAL - 3
'z' y�_. �., �#: xk .:,::s;wc;�r:- krs�x.�e "..ca -.� • -• .;.. :..,,.a.z -.n_- :i�d
0
0
29.
30.
31.
32.
33.
34.
35.
36.
Receipt of the following addenda to the contract documents is hereby
acknowledged:
Addendum
Addendum
Addendum
Addendum
SUBSTITUTION:
No.
Date
No.
Date
No.
Date
No.
Date
The Contractor agrees to furnish the work as shown and as specified
for the Base Bid. If the Owner elects to accept substitutions offered
by the Contractor for items specified or shown, the following sums
will be added or deducted from the Base Bid as indicated:
ADD
DEDUCT
$
$
$
$
$
$
$
FORM OF PROPOSAL - 4
Firm Name:
• Address:
0
0
Phone:
Type of Organization Corporation, Co-Parinership, individual,, Etc.
Signature of Individual
Names of Individual Members of the Firm:
Name of President of Corporation
Name of Secretary of Corporation
The Corporation Is organized under
the laws of the State of
Contractorls.License Number
FORM OF PROPOSAL - 5
FIRM NAME
ADDRESS
TELEPHONE
40
FORM OF PROPOSAL
for the
GENERAL CONSTRUCTION
CORONA DEL MAR CITY AND STATE BEACH PARK
CONCESSION BUILDING ADDITION
Newport Beach, California
ARCHITECTS:
WILLIAM BLUROCK & PARTNERS
1550 Bayside Drive
Corona del Mar
DATE , 1969
(one copy to be filled in and
submitted as the bid, the other
for your files)
FORM OF PROPOSAL m 1
• To: Honorable City Council
City of Newport Beach, California
The undersigned, after having carefully read and examined the details,
drawings, and specifications, and having examined the premises and the
conditions under which the work is to be performed, hereby agrees to
furnish all of the labor and materials necessary, for the GENERAL
CONTRACT WORK of THE CORONA DEL MAR CITY AND STATE BEACH PARK
CONCESSION BUILDING ADDITION, Newport Beach, California, for the sums
below quoted and hereby agrees to complete the entire work within 150
consecutive calendar days,
BASE BID: INCLUDING ALL WORK SHOWN ON THE DRAWINGS AND DETAILS AND
HEREIN SP CIFIED (excluding ADDITIVE PRICE BIDS).
SEPARATE BID N0, 1: State the Additive Separate rat-e price for all utility
work gas, water, sewer, electrical) as shown on the drawings, details
and as specified,
ADD
— -- -- - --
DESIGNATION OF SUBCONTRACTORS:
• In compliance with the provision of Sections 4100 -4113 of the
Government Code of the State of California, and any amendments
thereof, each bidder shall set forth below the name and the location
of the mill, shop or office of each subcontractor who will perform
work or labor or render service to the Contractor in or about the
construction of the work or improvements to be performed under these
specifications and the portion of the work which will be done by each
subcontractor.
If the Contractor fails to specify a subcontractor for any portion of
the work to be performed under the contract, he shall be deemed to
have agreed to perform such portion himself, and he shall not be
permitted to sub - contract that portion of the work except under the
conditions hereinafter set forth.
Sub - letting or sub - contracting of any portion of the work to which no
subcontractor was designated in the original bid, shall only be
permitted in case of public emergency or necessity, and then only
after a finding reduced to writing as a public record of the
Legislative Body of the Owner.
SECTION
to
. 20
SUBCONTRACTOR'S NAME AND ADDRESS
FORM OF PROPOSAL - 2
• 3.
FORM OF PROPOSAL 3
4.
5.
6.
7.
8.
9.
12.
13.
14.
15.
•
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
FORM OF PROPOSAL 3
E
29.
30,
31.
32.
33.
34.
35.
36.
Receipt of the following addenda to the contract documents is hereby
acknowledged:
Addendum
Addendum
Addendum
Addendum
SUBSTITUTION:
No,
Date
No,
Date
No.
Date
No,
Date
The Contractor agrees to furnish the work as shown and as specified
for the Base Bid, If the Owner elects to accept substitutions offered
by the Contractor for items specified or shown, the following sums
will be added or deducted from the Base Bid as indicated:
ADD
$ E
S S
$ E
S $
$ S
S E
S $
FORM OF PROPOSAL - 4
DEDUCT
• Firm Name:
Address:
Phone:
Type of Organization
Corporation, Co-Partnership, individual, Etc.
Signature of Individual
Names of Individual Members of the Firm:
l
J
c )
Name of President of Corporation
Name of Secretary of Corporation
The Corporation is organized under
• the laws of the State of
Contractor°s.License Number
FORM OF PROPOSAL - 5
�.�.'.�= _a>"�M�^- .u.�uc�1 �u'i'v ifr.�Ps'Yb �' h ✓:.1.. i�i1
•
•
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we
and
as Principal,
as Surety, are held and
firmly bound unto the CITY of NEWPORT BEACH, CALIFORNIA, in the
sum of
Dollars ($
) D
lawful money of the United States for the payment of which sum well
and truly to be made, we bind ourselves, jointly and severally, firmly
by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden, principal for the
construction of
in the City of Newport Beach, is accept y t e y ounce o
said City, and if the above bounden principal shall duly enter into
and execute a contract for such construction and shall execute and
deliver the two (3) bonds described in the "Notice Inviting Bids"
within ten (10) days (not including Sunday) from the date of the
mailing of a notice to the above bounden principal by and from said
City of Newport Beach that said contract is ready for execution,
then this obligation shall become null and void; therefore, other-
wise it be and remain in full force and effect, and the amount
specified herein shall be forfeited to the said City.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
day of , 196!
Two Witnesses (if individual)
2)1)--
Attest (if corporation)
Title
Corporate Seal
Attest
Title
r�nc pa
By
Title
Surety
By
Title
Page 1 of 1
• BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
TECHNICAL ABILITY AND EXPERIEPICE
(The bidder is required to state what work of a similar character
to that included in the proposed contract he has successfully
performed and give reference which will enable the City Council
to judge of his responsibility, experience, skill and business
standing,)
The undersigned submits herewith a statement of his financial
responsibility.
The undersigned submits below a statement of the work of a similar
character to that included in the proposed contract which he has
successfully performed,
•
Signed
E
Page I of I
NON - COLLUSION AFFIDAVIT
0
The bidders, by its officers and agents or representatives present
at the time of filing this bid, being duly sworn on their oaths
say, that neither they nor any of them, have in any way, directly
or indirectly, entered into any arrangement or agreement with any
other bidder, or with any public officer of such CITY nF NEUPORT
BEACH whereby such affiant or affiants or either of them, has paid
or is to pay to such bidder or public officer anv sum of money, or
has given or is to give to such other bidder or public officer any-
thing of value whatever, or such affiant or affiants or either of
them has not directly or indirectly entered into any arrangement
or agreement with any other bidder or bidders, which tends to or
does lessen or destroy free competition in the letting of the
contract sought for by the attached bids; that no inducement of
any form or character other than that which appears upon the face
of the bid will be suggested, offered, paid or delivered to anv
person whomsoever to influence the acceptance of the said bid or
awarding of the contract, nor has this bidder any agreement or
understanding of any kind whatsoever, with any person whomsoever
to pay, deliver to, or share with any other person in any way or
manner, any of the proceeds of the contracts sought by this bid,
•
Subscribed and sworn to before
me by
this day of , 196
My Commission expires:
E
Notary Public
Page 1 of 1
C O N T R A C T
• THIS AGREEMENT, made and entered into this day of
196 ®, by and between the CITY OF NEWPORT
BEACH$ California, hereinafter designated as the City, party of the
first part, and
hereinafter designated as the Contractor, party of the second part.
WITNESSETH: That the parties hereto do mutually agree :as
follows:
1. For and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by the City, the
Contractor agrees with the City to furnish all materials and labor
for the construction of
CORONA DEL MAR CITY AND STATE BEACH PARK
CONCESSION BUILDING ADDITION
and to perform and complete in a good and workmanlike manner all the
work pertaining thereto shown on the Plans and Specifications therefor;
•to furnish at his own proper cost and expense all tools, equipment,
labor and materials necessary therefor, (except such materials, if any,
as in the said specifications are stipulated to be furnished by others),
and to do everything required by this Agreement and the said Plans and
Specifications,
20 For furnishing all said materials and labor, tools and equip-
ment, and doing all the work contemplated and embraced in this Agree-
ment, also for all loss and damage arising out of the nature of the
work aforesaid, or from the action of the elements, or from any unfore-
seen difficulties which may arise or he encountered in the prosecution
of the work until its acceptance by the City, and for all risks of
every description connected with the work; also, for all expenses
incurred by or in consequence of the suspension or discontinuance of
work, except such as in said specifications are expressly stipulated
to be borne by the City; and for well and faithfully completing the
work and the whole thereof, in the manner shown and described in the
said Plans and Specifications, the City will pay and the Contractor
shall receive in full compensation therefor the lump sum price, or
if the bid is on the unit price basis, the total price for the several
items furnished pursuant to the Specifications, named in the Bidding
Sheet of the Proposal, as the case may be.
3„ The City hereby promises and agrees with the said Contractor
to employ, and does hereby employ the said Contractor to provide the
materials and to do the work according to the terms and conditions
• herein contained and referred to for the price aforesaid, and hereby
contracts to pay the same at the time, in the manner and upon the
CONTRACT - 1
conditions set forth in
themselves, their heirs,
assigns, do hereby agree
. herein contained.
4. The Contractor
shall be fully completed
the Specifications; and the said parties for
executors, administrators, successors and
to the full performance of the covenants
agrees that the work under this contract
if the Contractor shall fail fully to complete the work within the
time specified (subject, however, to exteDsions of time duly granted
in the manner and for the causes specified in the General Conditions
ar the Contract attached hereto), the Contractor shall be charged by
the Owner as liquidated and ascertained damages the slam of Fifty
)oll:ars (550,00) for each calendar day that the Fork remains incom-
plete beyond the time her&O fixed for the completion, it being here -
by expressly and mutually agreed that from the nature of the case it
old. be -impracticable and axtreme!y difficult to fix the apt
_.a(viiige which would Gr will be SUffEr'ed in the event that e Contr .tor
should rail fully to complete the work within the tim: pecified and
it being further agreed that said charge of Fifty Delia $50,00) a
day as herein provided for is reasonable and proper in th remises
The amount so charged may be deducted by the Owner from any mo s
which might otherwise be or become payable to the Contractor.
5, The notice to Bidders, Instructions to Bidders, Contractor's
Proposal, and the Plans and Specifications, and all amendments there-
of, when approved by the parties hereto_ or when required by the City
ii accordance with the provisions of the Plop, or Specifications, copies
of which are antacHd hereto, are her_,b, incorporated in and made part
of this Agreement,
IN WITNESS `.?HEREOFo
to be executed the day ano
ATTEST-
the Parties hereto have caused this contract
year first above written.
iTi+< =♦sue-,_.-.' rc....... w ._........- ...- �«.. =- m..,���e..
i
Approved as to form:
c -- y � rrme n—dy
CITY _F NEHPO . AEACH, CALIFORNIA
By
By
CONTRACT -
LABOR AND MATERIAL BOND
• KNO14 ALL MEN BY THESE PRESENTS, That
•
WHEREAS, the City Council of the City of Newport Beach, State
of California, by Motion adopted
has awarded to
Hereinafter designated as the "Principal ", a contract for
in the City of ewport Beach, in strict con ormity %•j-it a raw ngs
and Specifications and other contract documents on file in the office
of the City Clerk,
WHEREAS, said Principal is required to furnish bond in connection
with said contract, providing that if said Principal or any of his or
its subcontractors, shall fail to pay for any materials, provisions,
provender or other supplies or teams used in, upon, for or about the
performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay- the same to the
extent hereinafter set forth:
NOW, THEREFORE, We
as Principal, hereinafter designated as the Contractor and
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum of
Dollars ($_ ,),
said sum being one -half of the estimated amount payable by the City of
Newport Beach under the terms of the contract, for which payment well
and truly to be made we bind ourselves, our heirs, executors and admini-
strators, successors or assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or his sub-
contractors, fail to pay for any materials, provisions, provender or other
supplied, or teams, used in, upon, for or about the performance of the
work contracted to be done, or for any other work or labor thereon of anV
kind, or for amounts due under the Unemployment Insurance Code with respect:
to such work or labor, that the Surety or Sureties will pay for the same,'
in an amount not exceeding the sum specified in the bond, and also, in
case suit is brought upon the bond, a reasonable attorney's fee, to be
fixed by the Court, as required by the Provisions of Section 4204 of the
• Government Code of the State of California.
LABOR AND MATERIAL BOND - 1
This bond shall inure to the benefit of any and all persons, companies
and corporations entitled to file claims under Section 1192,1 of the
• Code of Civil Procedure so as to give a right of action to them or their
assigns in any suit brought upon this bond, as required by the Provisions
of Section 4205 of the Government Code of the State of California,
And the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alterations or additions to the
terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect its obliga-
tions on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contractor
or to the work or to the specifications,
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the day of
, 196 -�
(Seal
(Seal)
(Seal)
on*+` actor
•
(Seal)
(Seal)
_(Seal)
Surety
Approved as to form:
1`iT7y orney a��
This bond was approved by the City Council
of the City of Newport Beach by motion
on
Attest:
City Clerk
0
LABOR AND MATERIAL BnND - 2
PERFORMANCE BOND
• KNOW ALL MEN BY THESE PRESENTS THAT,
WHEREAS, the City Council of Newport Beach, State of California,
by Motion adopted
has awarded to
in the City of ewpor Beach, in s riot con orm-ty wi a rawings
and Specifications and other contract documents now on file in the
office of the City Clerk of the City of Newport Beach,
WHEREAS, said Principal is required under the terms of said contract
to furnish a bond for the faithful performance of said contract,
NOW, THEREFORE, we,
As Principal, hereinafter designated as the "Contractor" and
as Surety, are held and tirmly bound unto the City of Newport Beach,
in the sum of Dollars ($ )
• said sum being equa to of e est ma e amount of the contract, o
be paid to the said City or its certain attorney, its successors, and
assigns; for which payment, well and truly to be made, we bind ourselves,
or heirs, executors and administrators, successors or assigns, jointly
and severally, firmly by these presents,
0
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden
Principal, his or its heirs, executors, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and agreements in the said
contract and any alteration thereof made as therein provided on his or
their part, to be kept and performed at the time and in the manner there-
in specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the City of Newport Beach,
its officers and agents, as therein stipulated, then this obligation shall
become null and void; otherwise it shall remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the contract or to the work to be performed thereunder or the
specifications ac.comoanving the same shall in any wise affect its obliga-
tions on this bond, and it does hereby waive notice of any change,
extension of time, alteration or addition to the terms of the contract
or to the work or to the specifications.
PERFORMANCE BOND - 1
IN WITNESS WHEREOF, this instrument has been duly executed by
•the Principal and Surety above named, on the _
day of , 196
• Approved as to form:
City Attorney
(Seal)
(Seal)
(Seal)
Contractor
(Seal)
(Seal)
Surety
PERFORMANCE BOND - 2
FORM OF GUARANTEE
•
a-
When required by the specifications, written guarantee shall be
in the form of the following guarantee, on the Sub - Contractor's,
Contractor's or Materials Supplier's own letterhead„
"GUARANTEE FOR
We hereby guarantee that
which we have installed in
have been done in accordance with the drawings and
specifications and that the work as installed will
fulfill the requirements included in the specifica-
tions, We agree to repair or replace any or all of
our work, together with any other adjacent work which
may be displaced by so doing, that may prove to be
defective in its workmanship or material within a
period of years from date of acceptance
of the above-mentioned structure by Owner, ordinary
wear and tear and unusual abuse or neglect excepted,
In the event of our failure to comply with the above-
mentioned conditions within a reasonable period of
time, as determined by the Owner after being notified
in writing by the Owner, we, collectively or :>eparateiy,
do hereby authorize the Owner to proceed to have said
defects repaired and made good at our expense, and we
will honor and pay the costs and charges therefor upon
demand, 11
Signed ._
(Subcontractor or Genera Contractarj-
Counters 1 gned
Genera Contractor i or Su contractor)
Local Representative to be contacted for service;
Na;
Phuge No
FORM OF GUARANTEE - I
0
0
GENERAL CONDITIONS
ART,, to PRINCIPLES AND DEFINITIONS
A, The Contract Documents consist of the Agreement, the
Advertisement For Bids, the instructions to Bidders, the
General Conditions, the Supplementary General Conditions,
the Specifications, the Drawings and the Addenda, These
form the Contract,
B, The scope of work of this Contract included the furnishing
of all labor, materials, equipment, appliances and transpor-
tation necessary for the proper and complete execution of
the work according to the Contract Documents,
C. The Owner, the Contractor, and the Architect are ttiose named
as such in the Agreement, They are treated throughout the
Contract Documents as if each were of the singular and
masculine gender,
D� The term subcontractor, as employed herein, includes only
those having a direct contract with the Contractor and it
includes one who furnishes material worked to a special
design according to the plans or specifications of this
work, but does not include one who merely furnishes material
not so worked,
E. Written notice shall be deemed to have been duly served if
delivered in person to the individual or to a member of the
firm or to an officer of the corporation for whom it is
intended or if delivered at or sent to the last business
address Gown to him who gives the notice,
F,.
All time limits stated in the Contract Documents are of the
essence of the Contract,
G,
Common expressions hereinafter used shall be interpreted
as followst
t
(1) The tern "or equal" shall mean "or equal as approved
by the Architect,."
(2) The tern "approved" shall mean "approved in writing
by the Architect or other named person or agency,"
(3) The term "work" shall include both labor and materials,
(4) The term "provide" shall mean "furnish and install „”
H%
Wherever standard specifications or technical designations
ate referred to hereinafter, such as ASTM; ASA, CS; AISI,
iAiSC,
etc„ it shall be understood that the latest edi tion
of (=acs is flwarit".,
7l 7
GENERAL CONDITIONS i
Where, for the purpose of eliminating repetitious or
• unne-cessary words or phrases, the specifications havc ow?"i
c3ndanned ijy li;,tinU ituterials, articles, opevalicio, or
---P
—tli3ds, the. Contractor shall be reclulrV to.;
( I )
Furnish and install each article or material WV011anne .%
or indicated, of quality or according to q"aijfics-
Kann noveQ
(2) Peefurn vach operarlon called for
or condir0a prescribed; and
(3) Poovide, therefor all necessary labor, equap"ns; aw,�
Mcedentals,
CORRELATION AND MENT OF DOCUMFNTw;
A, The Conzeact Documents shall be signed by rho Gopur and Q:
K UR case the Owner or the Contractor Va; I
to siqn rho Drawings and Spec if Vations, the Arnhi too' Val I
1dantify them,
K. The Contract Documents are complementar T and whot K CaIMI
for by one shall be an binding as if cal lao for UY all, 7h;,-
iptent of the 00CUMentS iS to include Y; lKar and xntn:Kj�
q -,vtiQt :inn transportation necessary for the zvooksit �n!
• proper execution of the work,
Work •0cated but not specifically
derailud Mali be perionwo in a manner equal cc similar
work that lsa tiv-ntionecip noted or detaileT.
i al 1 •Oihtrf re F`ki•E: ri ci i S„ operati onv equipmept Dt ae•toer
c;v refer,nd to in the singalar number, it !s ioctvdad,
UnIens Spe0f;cally otherwile liwited, that I"C" rvferEnrv,�
A•M oe applied W a mua, niaterial, as many DFuraiioN%,
1% Mach and a-, many aevices as arF required to
cappleze fully all work shown or specified.,
1, MaLarials or work described in words which s3 applinj hay.,:
a wall-Stur; technical or trade meaning, shall be halc tc,
refer to sich rucnqoized standards,
P, brawings shcaiQq tocations or character of enji0ov work
voludirij dinvasin"s thereon, are shown for coove-0=2 on]-
ooc ovL belinvuri �a hP correct but shall 14 s0o-j t��
at Chn %ite by UP C=Ca=01 an WO UW"Pr'
joAanu, no rij%ptmQvjIjry for their carrarzon—
,
for Tka tewwr enrcutiop of rho work, A i i AIM
Y169 UNLRAL MUMUhi - ;�
drawings and instructions will be consistent with the Contract
. Documents, true devel o�p�ents thereof, and reasonably inferable
therefrom., The work sha1J be executed In conformity there-
with and the Contractor sliall not do work without proper
drawings and instructions. In giving such additional instruc-
tions, the Architect shall have authority to make minor changes
in the work, not involving extra cost, and not inconsistent
with said documents, Large scale drawings shall be followed
in preference to small scale drawings figured dimensions to
scale measurements and detailed descriptions to generalities,
0, The Contractor and the Architect, if either so requests, shall
jointly prepare a schedule, subject to change from time to
time, to accordance with the progress of the work fixing
the dates at which the various detail drawings will be required,
and the Architect will furnish them in accordance with the
schedule, Under like conditions, a schedule shall be prepared
fixing the dates for the submisson of shop drawings, for
the beginning of manufacture and installation of materials
and for the completion of various parts of the work,
ART,, 4, COPIES FURNISHED
A, Unless otherwise provided in the Contract Documents, the
Contractor will be furnished, free of charge, all copies of
the drawings and specifications reasonably necessary for the
• execution of the work,
ART: 5,: SHOP DRAWNGS
A, fhe Contractor shall check and verify all field measurements
and shall submit with such promptness as to cause no delay in
,his own work or in that of any other Contractor, at least five
(5) copies, checked and approved by him, of all shop drawings
and schedules required for the work of the various trades,
and the Architect shall pass upon them with reasonable prompt-
ness, Three (3) copies will be retained by the Architect and
the balance returned to the General Contractor with ally
requi red comments or corrections„
Sp All subinittals of shop drawings, catalog cuts, data sheets
equipment and material lists shall be complete. and shall be
transmitted using form provided by Architect, The shop drawing
transmittal form shall be signed by the Contractor, verifying
Lh:it shop drawings conform to Contract Drawiogs and Specifica-
t, "im- Ar;.hitect's review of such drawings or schedules shad not
relieve the Contractor from responsibility for deviation froiii
drawings or specifications, unless he has in writing cal lea
ih-l' Ar -_Ihi CIL'S attention specificaliy to such de'viAtirInS al
• f i;. , `a �laY- !p4�;, i-por shall it relievvF him fr -XM teipoos
:any 2�crt in Shop dtouiincls nr Selledcles,
s °YU`J
GENERAL CONDITIONS - 3
ART, 6, DRAWINGS AND SPECIFICATEONS ON THE WORK
A;, The Contractor shall keep one copy of all drawings and
specifications on the work, in good order, available to the
Architect and his representatives,
ARTS. 1� OWNERSHIP OF CONTRACT DOCUMENTS
A, Drawings, reproductions of drawings, specifications and other
Contract Documents, furnished to the Contractor, are the
property of the Owner and Architect, They are not to be used
by the Contractor on other work and with the exception of the
signed contract set, are to be returned to the Architect on
request, at the completion of the work,
ARTS S. SAMPLES
A� The Contractor shall furnish for approval, all samples as
directed, The work shall be in accordance with approved samples,
ART, 9.; MATERIALS„ APPLIANCES AND EMPLOYEES
A� Unless otherwise specified, the Contractor shall provide and
pay for all materials, labor, tools, equipment, light, power,
water, transportation and other facilities necessary for the
execution and completion of the work,
• B, Unless otherwise specified, all materials shall be new and both
workmanship and materials shall be of the best of their
respective kinds and subject to the approval of the Architect,
The Contractor shall, if required, furnish satisfactory evidence
as to the kind and quality of materials,
C, The Contractor shall at all times enforce strict discipline
and good order among his employees, and shall not employ on
the work any unfit person or anyone not skilled in the work
assigned to him..
n
LJ
D,, Where the drawings or specifications refer to specific products
of a manufacturer, or where the Contractor furnishes specific
products of a manufacturer, such products shall be delivered,
stored, installed and protected in accordance with the manu-
facturer's latest printed specifications and instructions,
unless otherwise specified, When requested by Architect, furnish
copies of manufacturer's printed specifications and instructions,
E, All materials shall conform to manufacturer's latest published
specifications and details, except that where drawings or
specifications indicate requirements not standard with the
manufacturer, such requirements shall be provided,
7/69 GENERAL CONDITIONS - 4
ART.. 10, ROYALTIES AND PATENTS
• A, The Contractor shall pay for all royalties and license fees,
He shall defend all suits or claims for infringement of any
patent right and shall save the Owner harmless from loss on
account thereof,
ART,. 11, PERMITS, LAWS AND REGULATIONS
A., Unless otherwise specified, the Contractor shall secure and
pay for all permits and licenses, and all fees, inspections
and certificates of inspections necessary for the prosecution
of the work; All such licenses, permits and certificates of
inspection shall be delivered to the Architect before the
Certificate of final payment will be issued,
D, 'The Contractor shall give all notices, and comply with all laws,
ordinances, rules and regulations bearing on the conduct of
the work as drawn and specified, Any work performed or
materials or equipment furnished which does not conform to
the requirements of said laws, ordinances, rules and regulations
shall be changed to conform thereto by the Contractor at his
sole expense„
C� Wherever the law of the place of building requires a sales„
consumer, use or other tax, the Contractor shall pay such tax,
ARTo 12, PROTECTION OIL WORK AND PROPERTY
• A, The Contractor shall continuously maintain adequate protection
of all his work and materials from damage, destruction or loss,
and shall protect the Owner's property from injury or loss
arising during the Contract period, He shall makle good any
such damage, destruction, loss or injury, He Shall adequately
protect adjacent property as provided by law and the Contract
Documents,
B3 The Contractor shall take all necessary precaution for the
safety of employees on the work, and shall comply with all
applicable provisions of Federal, State and Mun"cipal Safety
Laws and building codes to prevent accidents or injury to
persons on, about or adjacent to the premise where the work
is being performed, He shall erect and properly maintain at
all times, as required by the conditions and progress of the
work, all necessary safeguards for the protection of workman
and the public and shall post danger signs warning against
the hazards,
C In an emergency affecting safety of life, the rMner's property
or adjoining property, the Contractor shall take. ;all necessary
and proper steps to prevent any threatened logs or injury, If
practicable, the Contractor shall communicate with the Archir. =,pct
r thu Owner and shall be guided by the direc i:.>nz- and adkrice
of y. r i d Architect or Owner, as the case may b-3, but. if the
?`f GENERAL CONORTION5 -
character of the emergency is such as to require action with
such short limits of time or under circumstances rendering
• that impracticable, then the Contractor shall act independently
and upon his own responsibility, subject to the direction and
control of the Architect and /or Owner as soon as it may become
practicable to obtain the same,
ART, IL INSPECTION OF WORK
A, The Owner, the Architects and their representatives shall at
all times have access to the work wherever it is in prepara-
tion or progress and the Contractor shall provide proper
facilities for such access and for inspection,
If any law, ordinance, public authority, the specifications
or the Architect's instructions require any work to be
specially tested or approved, the Contractor shall give the
Architect timely notice for its readiness of inspection and
if the inspection is by an authority other than the Architect,
of the date fixed for such inspection. If any work should
be covered, without approval or consent of the Architect, it
must, if required by the Architect, be uncovered for examina-
tion at the Contractor's expenses
C„ Gnspection or testing of questioned work may be ordered by
the Architect and if so ordered, the work must be uncovered
by the Contractor, if such work be found in accordance with
• the Contract Documents, the Owner shall pay the cost of
inspection, testing and replacement, if such work be found
not in accordance with the Contract Documents, the Contractor
shall pay the cost of inspection, testing and replacement,
ART, 14, SUPERINTENDENCE AND SUPERViSiON
LJ
e{�u
A, The Contractor shall keep on the work, during its progress,
a competent superintendent and any necessary assistants,
all satisfactory to the Architect. This man shall not be
changed except with the consent of the Architect; unless the
superintendent proves to be unsatisfactory to the Contractor
and ceases to be in his employ, The superintendent shall
represent the Contractor in his absence and all directions
given to him shall be as binding as if given to the Contractor
8, The Contractor shall give efficient supervision to the work,
using his best skill and attention, He shall carefully study
and compare all drawings, specifications, details and other
instructions and shall at once report to the Architect a:ay
error, inconsistency or omission which he may discover,
ART, 15, CHANGES IN THE WORK
A, The Owner, without invalidating the Contract;, may order extra
work or make changes by altering, adding to or deducting from
the work, the Contract sum being adjusted accordingly, All
such work shall be executed under the conditions of the original
contract except that any claim for extension of time caused
thereby shall be adjusted at the time of ordering such change,
B, No such change, alteration or modification of this aontract
or of the work called for hereunder shall release or exonerate
any surety or sureties or any bond given to secure the per-
formance of this contract or any part thereof and/or to inure
to the benefit of any and all persons performing labor upon
or furnishing materials used or to be used on said work.,
C, In giving instructions, the Architect shall have authority to
make minor changes in the work, not involving extra cost,
and not inconsistent with the purposes of the building, but
otherwise, except in an emergency endangering life or property,
no extra work or change shall be made unless in pursuance of
a written order from the Owner signed or countersigned by the
Architect, or a written order from the Architect stating that
the Owner has authorized the extra work or change;, and no
claim for an addition to the contract sum shall be valid unless
so ordered,
• D, The value of any such extra work or change shall be determined
in one or more of the following methods, as designated by the
Ovine r:
(1) By separate bids or unit prices in the Contractor's
proposal or-
(2) By Contractor's cost proposal and Owner's acceptance,
Contractor "s proposal must include the following break-
down and shall not exceed the total actual cost of the
item listed,
a,
b�
C,
d„
e,.
g„
Cost of materials and supplied (show unit cost x
quantity),
Cost of Labor (show hourly rate x hours).,
Transportation of materials (only if applicable),
Overhead and profit (maximum of 10% above iteris -
no overhead and profit for omitting work).
Sales taxes on materials (percentage of aJ,,
Payroll tax on labor (percentage of t,P
Insuraoce
i- 3 GENERAL CONDITIONS
A, The Contractor shall promptly remove, repair, replace or
complete work condemned by the Architect as failing to conform
to the Contract, whether incorporated in the work or not, and
where materials and.. /or work have been condemned by the
Architect, the Contractor shall promptly replace and re-
execute his work in accordance with the Contract and without
expense to the Owner and shall bear the expense of making good
all work of other Contractors destroyed or damaged by such
removal or replacement,
B� If the Contractor does not correct such conderriwd work and
materials within en days time after demand for such correction,
the Owner may correct them at the expense of the Contractor,
All costs for such corrections wi l l be deducted f rzxn the
Con,racr. rricc: by :,iiatrge Order, including at.y related expenses
ii,curred by the ijwner or his representatives_
;j GEHERAL CONOITiONS - 8
ART, 16,
CLAIMS FOR EXTRA COST
A,
If the Contractor claims that any instructions;, by drawings
or otherwise, involve extra cost under this Contract, he
shall give the Architect written notice thereof before
proceeding to execute the work and in any event within two
weeks of receiving such instructions, No such claims shall
be entitled to consideration by the Owner unless so made,
ARTS 17,
DEDt1CTIONS FOR UNCORRECTED WORK
A,
If the Architect and Owner deem it inexpedient to correct
work injured or done not in accordance with the Contract, the
difference in value together with a fair allowance for damage
shall be deducted from the sum agreed to be paid the Contractor
for the performance of the Contract,
ARTD 18,
DELAYS AND EXTENSION OF TIME
A,
If the Contractor be delayed at any time in the progress of
the work by any act or neglect of the Owner or of the Owner's
employees-, by an Act of God or other casualty which the
Contractor could not have reasonably foreseen-, by stormy or
inclement weather, or by strikes, boycotts or tike obstructive
action by employees or labor organizations which delay said
work and which are not caused by or the continuance of which
is not due to any act of conduct on the part of the Contractor,
then the time of completion shall be extended for such reason-
able time as the Owner may approve, Extensions of time will
be approved based on actual effect of actions on job, not on
simple occurrence of action, and such extensions of time shall
apply only to that portion of the work affected by the delay,
and shall not apply to other portions of work not so affected.
B.
No extension of time on account of such delays shall be allowed
unless promptly applied for in writing by the Contractor and
the written approval of same is obtained from the Owner,
ART, 19..
CORRECTION OF WORK BEFORE FINAL PAYMENT
A, The Contractor shall promptly remove, repair, replace or
complete work condemned by the Architect as failing to conform
to the Contract, whether incorporated in the work or not, and
where materials and.. /or work have been condemned by the
Architect, the Contractor shall promptly replace and re-
execute his work in accordance with the Contract and without
expense to the Owner and shall bear the expense of making good
all work of other Contractors destroyed or damaged by such
removal or replacement,
B� If the Contractor does not correct such conderriwd work and
materials within en days time after demand for such correction,
the Owner may correct them at the expense of the Contractor,
All costs for such corrections wi l l be deducted f rzxn the
Con,racr. rricc: by :,iiatrge Order, including at.y related expenses
ii,curred by the ijwner or his representatives_
;j GEHERAL CONOITiONS - 8
•
ART, 20, CORRECTION OF WORK AFTER FINAL PAYMENT
A, Neither the final certificate nor payment, nor any provision
in the Contract Documents shah relieve the Contractor of
responsibility for the proper function and performance of all
parts of the structures and all installations and materials,
Should any failure develop due to faulty materials or workman-
ship, or laxity on the part of the Contractor, he shall remedy
any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of
one year from the date of acceptance of the work.
ART, 21„ OWNER °S RIGHT 'TO DO WORK
A, Should the Contractor at any time during progress of the work
refuse or neglect, without fault of the Owner or the Owner's
agents or employees, to supply a sufficient number of workmen
or sufficience of materials to complete the Contract within the
time limited herein (or any lawful extension thereof) for a
period of more than seven days after having been notified by
the Owner or the Architect in writing to supply the same, the
Owner shall have the option to furnish and provide said
materials and workmen required to finish said work and the
reasonable expense thereof shall be charged against_ the
Contractor by the Owner and deducted from any monies which
might otherwise be or become payable to the Contractor,
ART, 22. OWNER °S RIGHT TO TERMINATE CONTRACT
A= If the Contractor should be adjudged a bankrupt, or if he
should make a general assignment for the benefit of his
creditors, or if a receiver should be appointed on account .
of his insolvency, or if he should, except in cases for which
approved extension of time is provided, fail to supply enough
properly skilled workmen or proper materials or if he should
fail. to make prompt payment to subcontractors or for material
or labor, or persistently disregard laws, ordinances or the
instructions of the Architect, or otherwise be guilty :,f a
substantial violation of any provision of the Contract, then
the Owner, upon the certificate of the Architect that
sufficient cause exists to ,justify such action may, without
prejudice to any other right or remedy and after giving the
Contractor, and his surety, if any, seven days written notice„
terminate the employment of the Contractor and take possession
of the premises and of all materials, tools and appliances
thereon and finish the work by whatever methor,: 'r:e may deem
e, xpedieiit, in such case the Contractor shaiI not be entitled
3 receive any further payment until the work is finisher„
If the unpaid balance of the contract price shall exceed the
rs;oense of 'fini shi:3q of work, including compensation co the
Architect for his additional services, sucli excess shall be
ci =311.1 to the co— 'It:r,itor., If such expense ay':.eed loch ur +;;;aid
�:3,a ia.oce, tho i;rrrtr, ;<c tor, shall pay the di ff �s1r.�F,
GENERAL CONDIiIUN _ y
ART, 23. CONTRACTORBS RIGHT TO STOP WORK OR TERMINATE CONTRACT
• A, If the work should be stopped under an order of a court or
other public authority, for a period of thirty days, through
no act or fault of the Contractor or anyone employed by him,
then the Contractor may, upon seven days° written notice to
the Owner and the Architect, terminate this Contract and
recover from the Owner payment for all work executed and any
proven loss sustained upon any plant or materials,
ARTS 24, APPLICATIONS FOR PAYMENT
0
Ao Unless otherwise specified, payments to the Contractor will
be made as follows:
(1) Progress payments will be made during the course of the
work, not to exceed one payment per month, no payment
to exceed 90% of the value of labor and materials
incorporated in the work during the preceding month.
(2) The remaining 10% of the contract price will be paid
35 days after the date of acceptance and filing the
Notice of Completion,
B, The Contractor, within 10 days after signing of contract,
shall submit to the Architect a Schedule of Values of the
various parts of the work, aggregating the total sum of the
Contract, divided so as to facilitate payments to sub-
contractors and, if required, supported by such evidence as
to its correctness as the Architect may direct, This schedule,
when approved by the Architect, shall be used as a basis for
Certificates of Payment Unless it is found to be in error,
C, In applying for payments, the Contractor shall submit to the
Architect a monthly application (5 copies) for each payment
and, if required, receipts or other vouchers showing his
payment for materials and labor and to subcontractors., The
application shall be made in a form which shall be submitted
to the Architect for prior approval and shall be based on and
correspond tog the approved Schedule of Values, The monthly
applications shall be approved by the Owner's inspector, if
any, prior to submission to Architect,
ART 25., CERTIFICATES FOR PAYMENTS
A, When the Contractor has made application as above, the
Architect shall, not later than the date when each payment
falls due, issue to the Contractor a certificate (5 copies)
in the amount approved by the Architect based on the
application for Dayment, The due date for payments will be
established at the tirrse of approval of the Schedule of
Values,
7/1'.9 GENERAL CONDITIONS - 10
B.,
All payments called for by this Contract shall be made when
due upon presentation of said certificates to the Owner,. The
•
taking of progress payments shall not be considered as an
acceptance by the Owner of the whole or any part of the work
:gip to the payment thereof, but the enti re work is to be
subject to inspection and approval by the Architect when it
:skull be claimed by the Contractor that the Contract: or t.hf;
work callers for thereby is complete:.
ART- 26�
PAYMENTS WITHHELD
A,
The Architect may withhold_ or on account of subsequently
discovered evidence, nullity the whole or any part of any
certificate of payment to such extent as may be necessary to
protect the Owner from loss on account oV
(1) Defective work not remedied,
(2) Claims filed or reasonable evidence indicating probable
filing of claims;,
(3) Failure of the Contractor to make payments properly to
subcontractors or for material or labor.,
(4) A reasonable doubt that the Contract could be completed
for the balance then unpaid-,
•
C;) Damage to another Contractor, and
(6) Default of the Contractor in the performance of the
terms and conditions of the Contract, or in the per• -
foonance of any such terms and conditions,,
O.,
When the above grounds are removed, payment steal I be !tladt
for amounts withheld because of them,
ART,. 27,
CONTRACTOR'S INSURANCE
A. Proof of Carrrriia, of Insurances The Contractor shall not
comme Roe work ur, er t is—Z—ontract until he has obtained all
insurance required under this Article and such insurance ha%
been approved by the Owner, nor shall the Contractor allow
an? subcontractor to commence work on his subcontract upti1
alt similar insurance required of the subcontractor has beer;
so obtained, and approved by the Contractor:
t$ ,C)f�j'�t:`.esS:3ii JS3 �IC Contractor t f 3C tO' Sl il Y take out i ?C ywrinc£
._.[_......�;.._�.�.....�.y..
'10 SSLa i'e3 C.I!1 riot, tale life of the ContracT Wti Pli ,,e i`e ":, Ccirtlpe r ?5 ,:
`.ion insoraoce for all of his employees employed at the n1w
of the work noryer this Contract; and in case way work i
°;:bleu the Contractor shall require the subcontrantor sKj-
40y T o Compensation insurance For all Wt
• rho falrep's e plo ees. unless such employecs are c v"re3
Q rhe p,otcwtiun afforded by the COnLeactor in cast 10''.
1169 GENERAL CONDITIONS - 11
class of employees engaged in hazardous work under this
Contract at the site of the project is not protected under
• the Workmen's Compensation Statute, the Contractor shall
provide, and shall cause such subcontractor to provide,
suitable insurance for the protection of his employees not
otherwise protected,
C„ Public Liabilit and Pro ert Dama a Insurance- The Contractor
shall to a out an mainta in during the life of this Contract,
such Public Liability and Property Damage Insurance as shall
protect him and any subcontractor performing work covered by
the Contract from claims for damages for personal injury,
including accidental death, as well as from claims for property
damages, which may arise from operations under the Contract,
whether such operations be by himself or by any subcontractor
or by anyone directly or indirectly employed by either of them,
and the amount of such insurance shall be as follows;:
(1) Public Liability Insurance in an amount of not less than
$100,000 for injuries, including accidental death„ to
anyone person, and, subject to the same limit for each
person, in an amount not less than $300,000 on account
of one accident, and Property Damage Insurance in an
amount not less than $25,000,
(2) Provided, however, that the Owner or the Architect may
accept insurance covering a subcontractor in character
and amounts less than the standard requirements set forth
• where such standard requ i rements appear excessive because
of the character or extent of the work to be performed
by such subcontractor,
0
(3) Special Hazards.- The following special hazards shall be
covered by rider or riders to the policies required by
separate policies of insurance, Said riders, policy or
policies shall be in the same amounts as set forth auove„
and shall cover the operation of automobiles, trucks,
tractors, elevators, hoists and boilers, if same are used
on the work, if any or all of such ite"irs of equipment
are not to be operated on the work, the Contractor shall
so advise the Architect by letter at the time of sub-
mitting "Proof of Carriage of Insurance",
ART„ 28, INSURANCE CANCELLATION
A, Each and every policy of insurance in connection with the
Contract shall include the following provision, or in similar
language shall provide for the receipt of the notice, °This
policy is not subject to cancellation or reduction of coverage
until at least five days after receipt of written notice by
the assured and the Owner,"
7/'69 GENERAL CONDIT10Nc 1Z
0
r1
u
0
ART,: 29� FIRE INSURANCE
A, The Owner shall secure and maintain fire insurance with
extended coverage perils, vandalism, and mallicious mischief
upon the entire structure on which the work of this Contract
is to be done, amounting to 100% of the insurable value of
the work as completed and as certified by the Contractor and
the Architect, naming the Owner and the Contractor as their
respective interest may appear, This insurance will not cover
any tool or equipment unless such tools and equipment are part
of the building being constructed, The Contractor shall be
responsible for the securing and maintaining of fire insurance
and other insurance on any tool, equipment, or supply which
are expected to remain his property,
B, The Owner, Contractor and all subcontractors waive all right
of action, each against the other, for damages caused by fire
or other perils covered by insurance provided for under the
terms of this Contract, except such rights as they may have
to the proceeds of insurance held by the Owner as Trustee.
ART„ 30, GUARANTEE BONDS
A, Unless otherwise specified, the Contractor shall furnish a
bond insuring the faithful performance of the Contract in
the sum of 100% of the contract price and a Labor and
Materials Bond in the sum of 50% of the contract price and
the payment of all obligations arising thereunder, in such
form as the Owner may prescribe and with such sureties as
the Owner may approve,
ART, 31, DAMAGES
A. Should either party to this Contract suffer damages because
of any wrongful act or neglect of the other party or any orde
employed by him, claim shall be made in writing to the party
liable wi thin a reasonable time of the fi rst observance of
such damage and not later than the final payment, except as
expressly stipulated otherwise in the case of faulty work or
materials,
ART., 32. ASSIGNMENT
A, Neither party to the Contract shall assign the Contract with-
out written consent of the other, nor shall the Contractor
assign any monies due to become due to him hereunder without
previous written consent from the Owner,
APT., 33, MUTUAL RESPONSIBILITY OF CONTRACTORS
/c7
A; Should the Contractor cause damage to any ether Contractor on
the work;, the Contractor agrees upon due r, : ;tcs to sett!°
wi t!: such Contractor by agreement if he wi 11 so settle„ If
-uch other Cunt.ractor sues the Owner on account of any damage
alleged .o hs,vtt Ew-en so sustained, the Owner shall notify
GENERAL CONDITIONS - 0
0
7'':' GENERAL CONDITIONS - 14
the Contractor who shall defend such proceedings at his own
expense and, if any judgment against the Owner arises there-
from shall pay or satisfy it and pay all costs incurred by
the 6wner,
ART„ 34,
SEPARATE CONTRACTS
A„
The Owner reserves the right to let other contracts in connec-
tion with this work„ The Contractor shall afford other
Contractors reasonable opportunity for the introduction and
storage of their materials and the execution of their work
and shall properly connect and coordinate his work and the:rs�
E,
If any part of the Contractor's work depends for proper execu-
tion or result upon the work of any other Contractor, the
Contractor shall inspect and promptly report to the Architect
any defects in such work that render it unsuit_ibie for such
proper execution and results, His failure to so inspect and
report shall constitute an acceptance of the other Contractorls
work as fit and proper for the reception of his work, except
for defects which may develop after the execution of his work
and which could not have been discovered or readily anticipated
by or as a result of inspection,
C„
To insure the proper execution of his subsequent work, the
Contractor shall measure work already in place and shall at
once report to the Architect any discrepancy between the
•
executed work and the drawings,
ART, 35,
SUBCONTRACTS
A,
In accordance with Section 4102 of the Government Code each
bidder,, in his bid, shall set forth, (1) The name and
location of the place of business of each subcontractor who
will perform work or labor, or render services to the Contrac-
tor in or about the construction of the work, or improvement.,
in an amount in excess of one half of 1% of the Contractor's
total bid, and (2) The portion of the work which will be
done by each such subcontractor.
6,
In accordance with Section 4103 of the Government Code, if the
Contractor fails to specify such subcontracts, he agrees to
perform that portion of the work himself,
C:
In accordance with Section 4104 of the Goverrutv--nt Code, no
Contractor whose bid is accepted shall, without consent of
the awarding authority, either, (1) Substitute any person
as a subcontractor in place of the Subcontractor designated
in the original bid-, or (2) permit any such subcontract to be
assigned or transferred, or allow it to be perforrfd by ,anyone
other than the original subcontractor listed io the bid; or
(3) Sublet. or° subcontract any portion of th., work irs excess
,,f one i alf :f ; � of the Contractor's total zid as to which
•
:s osivInai bld d'sd not designate a Subcontr,�ctor,
7'':' GENERAL CONDITIONS - 14
L
0, The Contractor agrees that he is as fully responsible to
• The Owner for acts and omissions of his subcontractors,
and of persons either directly or indirectly employed by
them, as he is fo.r acts and omissions of persons directly
employed by him,
E, Nothing contained in the Contract Documents shall create
any contractual relation between any subcontractor and the
Owner,
•
0
ART, 30., RELATIONS OF CONTRACTOR AND SUBCONTRACTOR
A. The Contractor agrees to bind every subcontractor and every
subcontractor agrees to be bound by the terms of the Contract
Documents as fat as applicable to his work, including the
following provisions.
B, The subcontractor agrees
(i) To be bound to the Contractor by the terms of the
Contract Documents and to assume toward him all the
obligations and responsibilities that he, by those
documents, assumes toward the Owner,
(2) To subaiit to the Contractor applications for payment io
such reasonable time as to enable the Contractor to
apply for payment under the terms of these General
Cond1 tioos,
(3) To make all claims for extras, for extensions of iimEt
and for damages for delays or otherwise, to the
Contractor in such reasonable time as to enable the
Contractor to submit 1 i ke claims upon ttie Owner onder
the terms of these General Conditions,
C . The Contractor :sprees :.
(i) To be bound to the subcontractor by all the -,hl i gation5
that. the Owner assumes to the Contractor !order the
terms of the ;ontract Documents and by all the pravisi.z�s
thereof affording remedies and redress i:o the Contractor
f r(oia the Owner,
(') To pay the subcontractor a just share of any f re
insurance money received by him, the Contractor, under
the terms of the General Conditions,
D, Nothinn in this Article shall
part of the Owner to pay or to
Suaris to any surx:ontractor,
create any obligation oil the
see to the payineist of aiiy
GENERAL CONWI'MNS - 15
ART, 31, THE ARCHITECT'S STATUS
A, The Architect shall have general supervision and direction
of the work, He has authority to stop the work whenever
such stoppage may in his opinion be necessary to insure
the proper execution of the contract,
ART, 38, THE ARCHITECT'S DECISIONS
A, The Architect shall be the sole judge of the true intent of
the Contract Documents, of the quality of all work done„ and
all materials furnished in performance of the Contract, of
the amount of work done, and of the amount of ponies due under
this Contract, His decisions relative to any of Said matters
shaii be binding and conclusive upon both parties thereto,
and he shall have the power to condemn any work or materials
which shall be deemed by him not to conform with requirements
of the Contract,
AII1 39, USE OF THE PREMI SES
A., The Contractor shall confine his apparatus, the storage of
materials and the operation of his workmen to limits indicated
by law, ordinances, permits or directions of the Architect
and shall not unreasonably encumber the premises with inaterialE,.
D, The Contractor shays not load or permit any part of the
structure to be loaded with a weight that wil`I endanger its
• safety.,
C, The Contractor shall enforce the Architect 's instructions
regarding signs, advertisements, fires and smoking; No
:advertisements, signs or name labels of any descr;ptian shall
be placed on or near the premises without the Owner's writtrrl
consent thereto,
APP, '10, CU'l•VNG AND PATCH MG
A„ The Contractor shall do all cutting, fitting and patching of
his work that may be required to make its several parts come
together properly and fit it to receive or be received by
work of other Contractors shown upon or reasonably implied
by the Drawings and Specifications for the completed structure,
and shall do all that is necessary to accomplish the j ^Iri•inv
of said several parts in a neat and workmanlike r;,,anner t:> time
satisfaction of the Architect,
n, The "ontractor shall not endanger any work by cutting, excava-
ting or ut.herwise altering the work and shall rir ?t cot :;r
alter- the work of any other Contractor except with UKI canss;:t
of the Architect,
A; r., r.. E: °_r,5e c ;i.: °:+ by aefective or improperly tinned work. i
• tw hrii-oc l,y ;lie i:arty respns,sible therefor..
%!`;5 GLNERAL CONDITIONS 16
ART, 41, CLEANING UP
A The Contractor shall at all times keep the premises free from
accumulations of waste material or rubbish caused by his
employees or work; or the employees or work of any subcontrac-
tor and, at the completion of the work, he shall remove all
rubbish from and about the building and all his own and his
subcontractor's tools, scaffolding and surplus materials, and
shall leave the work clean and ready for occupancy in every
respect, In case of dispute between the Contractor and other
Contractors, the Owner may perform the cleaning work and
charge the cost to the several Contractors as the Architect
shall determine to be just,
ART, 42_ RECORD DRAWINGS
Ao The Contractor shall provide and keep up- to-date a complete
as -built set of blue line prints, which shall be corrected
daily to show e__veery Cha�nr from the ori ginal drawings and
s r
specifications rots for this purpose may be obtained at
no charge, at the Architect's office,
B, Upon completion of the work„ the Contractor shall transfer
"'as -built" infoataation to transparency furnished by Architect,
and "as -built transparency" shall be delivered to Architect::
C, The Owner's Inspector and the Architect's representative will
coordinate and instruct the General Contractor in the prepara-
tion of the record drawings.,
• ART,; 43> SUBSTITUTIONS AND APPROVED EQUALS
A� Substitutions„ Each item referred to on the drawings and in
t5e speci ications is intended to represent the standard of
merit of the materials or methods which wi l l be required, The
Contractor shall submit a bid covering each such item or method
as specifically described, Should the Contractor wish to
suggest any substitutions for the materials or methods speci-
fied, he shall state in the Form of Proposal what the item
suggested Is and also the difference in cost as applied to
the bid, if any, Such substitutions offered in the Form of
Proposal will be considered and should the Owner wish to accept.
any of the said substitutions„ arrangements will be made for
the change before entering into the Contract; If no substitu-
tions are offered at the time the bids are submitted, then no
C, LARproved Equals.. 'Where the specifications or drawings specify
any material, product, thing, or service by one or more brand
names, whether or not "or equal" is added, and a bidder wishes
to propose the use of another brand as being equal, he shall
obtain approval therefor by either of the following methods:
GENERAL CONDITIONS 17
a.
(I ) Before submitten his bid, bidder may request such
approval o t e rc tect at least ten days before
bid opening. All bidders to whom plans and specifica-
tions have been issued will be informed of all items
which have been approved as equal to those specified
prior to the bid date, by the issuance of an Addendum,
(2) Within 35 days after contract award, the Contractor may
request such approval pproval of tfie_Arc_ it6ct, Request shall
be made in writing and shall be accompanied by a sample
and a list of local installations, Items which are not
so submitted shall receive no consideration for approval
If approval is not granted, the Contractor shall furnish
the brand or brands named on the drawings or in the
specifications.,
ARTo 44; DIVISION OF THE SPECIFICATIONS
A, For convenience, these specifications are arranged in several
divisions, but such separatflon shall not be considered as
the limits of the work required for any subcontract or trade,
The terms and conditions of such limitations are wholly
between the Contractor and his subcontractors, and the Owner
and Architect will not be responsible for any division of
work by subcontractors, Unless otherwise provided, the
Contractor shall be solely responsible for all subcontract.
• arrangements of work regardless of the location of provisions
in the specifications,
ART., 45.: OCCUPANCY BY OWNER
A, The Owner may occupy the building premises or a portion there-
of prior to contract completion date, under conditions agreed
to in writing by the General Contractor, However, if actual
project completion extends beyond the contract completion
date, the Owner may occupy the building premises without
peri:iission or approval of the Contractor, The Owner will,
prior to such occupancy, give notice to the Contractor thereof
and such occupancy shall be based on the following terms-,
(1) The one year guarantee period shall begin for applicable
portions of the work upon occupancy thereof by Owner,
(2) The occupancy of any portion of the work shall not
constitute an acceptance of work not performed in
accordance with the Contract Documents or relieve
the Contractor of liability to perform any work
required by the Contract, but not completed at the
time of occupancy,
7169 GENERAL CONDITION'S 18
(3) on that portion of the premises occupied„ the Contractor
shall not be responsible for maintenarxce or d3riaae
resulting from occupancy,
(4) The Contractor shall not be required to furnish i.eat,
light or water used in the portions occc:i;ied without
proper remuneration therefor, provided the cost crf
these utilities is being paid for by the Contractor,
;53 occupancy shall in no way constitute a waiver of
liquidated damages unless specifically so stated as
a condition of occupancy,
Pli.f 46, GUARANTEE
A,; Bn addition to sp3cified guarantees provided for in ti:e
separate sections of the specifications, the Gontractc•r
. ail guarantee all workmanship and materials to be free
from defect., for a period of one year from the date of
acceptance of the work by the owner,
B, All guarantees required by the specifications shall be in
writing in the Form of Guarantee as bound herein and shall
be delivered before final payment is made, one copy to
Architect, one copy to owner, Add to the standard Form
of Guarantee any special provisions required in the separate
• sections of the specifications,
J GENERAL CUNDITIIONIS - 19
SUPPLEMENTARY GENERAL CONDITIONS
• The Supplementary General Conditions contains changes and additions
to the General Conditions bound herein. Where any part of the General
Conditions is modified or voided by the Supplementary General Conditions,
the unaltered provisions shall remain in effect.
ART. 11. PERMITS, LAWS AND REGULATIONS
Add the following to paragraph A:
(1) All contractors and sub - contractors must possess a valid
City Business License, Any building permit fees, excise
tax charges, Sanitation District connection fees or other
miscellaneous fees normally charged by the City will be
paid directly by The City or else waived.
Add Paragraph D as follows:
D, Comply with requirements of following documents, latest
edition of each, as amended to date.
(1) All codes and ordinances of the City of Newport Beach,
(2) The rules and regulations of the California State
Industrial Accident Commission.
• (3) Other rules and regulations specified elsewhere in
these specifications.
•
ART, 15. CHANGES IN THE WORK
Revise paragraph C to read as follows:
C. In giving instructions, the Architect shall have author-
ity to make minor changes in the work, not involving
extra cost, and not inconsistent with the purposes of
the building, but otherwise, except in an emergency
endangering life or property, no extra work or change
shall be made unless in pursuance of a written order
from the Owner sinned or countersigned by the Architect.
ART, 27. CONTRACTOR'S INSURANCE
Add the following to Pargaraph A:
"The 01:.ner shall be named as a "co- insured" in all policies
grovided under this Article, and a copy of each policy shall
e provided to the Owner ".
SUPPLEMENTARY GENERAL CONDITIONS - 1
Revise last two lines of sub -par (1) of paragraph "C" to read
• as follows:
and Property Damage insurance in an amount not less than
$25,000 on account of one accident. The aggregate limit
of liability for Property Damage shall not be less than
$50,000,
Add Paragraph D as follows:
Do General Liabilit Insurance: The work shall be performed
entirely a on rac or s risk and Contractor shall defend,
indemnify and hold harmless Owner, its agents, servants,
representatives and employees from and against all loss,
including loss of use, liability damage, claims, demands,
actions and proceedings and all costs and expenses connected
therwith, including reasonable attorneys' fees, of whatso-
ever cause or nature on account of any damage to or loss or
destruction of any property, including property of Owner,
or injury to or death of any person, including employees of
Owner, caused in whole or in part by any negligent act or
omission of Contractor, any Subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of whether or
not it is caused in part by a party indemnified under the
Contract„ Contractor shall also indemnify and hold Owner
harmless from and against all claims and liens of all
• persons based upon the furnishing of labor or materials in
connection with the performance of the work.
11
ARTS 28. INSURANCE CANCELLATION
Revise paragraph "AP° to read as follows:
A. Each and every policy of insurance in connection with the
Contract shall include the following provision, or in
similar language shall provide for the receipt of the
notice. "It is hereby understood and agreed that the Policy
to which this certificate refers may not be cancelled,
materially changed, nor.:the amount of coverage thereof
reduced, nor the policy allowed to lapse until ten (10)
days after receipt by the City Clerk of the City of Newport
Beach, City Hall, Newport Beach, California, of a registered
written notice of such cancellation or reduction in coverage"
ART. 29. FIRE INSURANCE
(1) Amend the first sentence of paragraph A as follows:
"The Contractor shall secure, pay for, and maintain fire
insurance with extended coverage perils, vandalism, and
malicious mischief upon the entire structure on which the
SUPPLEMENTARY GENERAL CONDITIONS - 2
work of this Contract is to be done, amounting to 100% of
• the insurable value of the work as completed and as
certified by the Contractor and the Architect, naming the
Owner and the Contractor as their respective interests may
appear."
(2) Add the following to paragraph Ae
"The Owener shall be named as "co- insured" in all policies
provided under this Article, and a copy of each policy shall
be provided to the Owner ".
ADD ART„ 47.
ART. 47. PREVAILING WAGE RATES
A. Contractor shall comply with all provisions of Labor
Code of the State of California. The Contractor shall,
as a penalty to the owner, forfeit $25 for each
calendar day, or portion thereof, for each workman
paid less than the stipulated prevailing rates for such
work or craft in which such workman is employed for
any public work done under the contract by him or by
any subcontractor under him„ The difference between
such stipulated prevailing wage rates in the amount
paid to each workman for each calendar day or portion
thereof for which each workman was paid less than the
• stipulated prevailing wage rate shall be paid to each
workman by the contractor.
ADD ART. 48.
ART„ 48. CONSTRUCTION PERIOD AND LIQUIDATED DAMAGES
A. Construction time shall start as of the date specified
in "Notice to Procee rom wn""r to Contractor-and
`end ance o wor by t e Owner.
Refer to Form of Proposal for construction odo
Liquidated damages will be assessed unde co ns
provided in the Agreement at the rat e $ ,00 p r
calendar day.
0
SUPPLEMENTARY GENERAL CONDITIONS - 3
SPECIFICATIONS
• FOR THE CONSTRUCTION
OF
CORONA DEL MAR CITY AND STATE BEACH PARK
CONCESSION BUILDING ADDITIONS
PART 1: SPECIAL CONDITIONS
1.1 Scope -of -Work:
a. Perform and complete all work as indicated on the drawings and as
specified including all work indicated and /or specified in the
Addenda, Bulletins or Amendments of said drawings and specifications.
b. Except as otherwise specifically stated in the Contract Documents;
the Contractor shall provide and pay for all materials, labor,
tools, services, equipment, transportation, superintendence,
temporary construction of any nature and all other facilities
necessary or incidental work as shown on the Plans and as specified.
c. Perform and complete all work in accordance with the Standard
Specifications of the City of Newport Beach, these Contract
• Documents, the Uniform Building Code, and other applicable City of
Newport Beach Building Construction codes.
1.2 Work in General:
a. Work included consists of:
1. Building construction consisting of addition to existing
building.
b. Layout: Layout the work in accordance with drawings. Establish
cessary bench marks, lines, and levels,
c. Work not included: Work so noted on drawings by symbol "N,I.C, ",
or aef ne in t ese specifications,
1,3 Permits & Licenses:
a, The Contractor and all sub - contractors shall be licensed in accord-
ance with all State and City Laws and Ordinances.
b, All City Plan Check and INspection Fees will be waived,
1.4 Conduct of the Work:
a. General: Arrange work so that access to site is provided at all
• ti— mes and traffic lanes are not obstructed,
SP - 1
b, Cleanup: Remove, from time to time, all dirt, debris, waste,
• rubbisT. and implements of service, from the buildings, the working
area and the building site. Debris, waste, or unused construction
materials shall not be left under, in, or about the buildings,
nor used in backfilling. Debris, waste or unused construction
materials, including excess materials from transit -mix trucks shall
not be allowed to accumulate in the work areas, or on the site.
c. Just before completion of the work, Contractor shall thoroughly
clean the interior and exterior of the building addition,
Including fixtures, equipment, floors, glass and hardware. Remove
all plaster spots, stains, paint spots, and accumulated dust and
dirt. Thoroughly clean all roofs, window sills and ledges,
horizontal projections, rails, sidewalks, or other surfaces where
debris and dirt may have collected. Wash all window glass and
glazing.
PART 2: TEMPORARY FACILITIES
2.1 TemporarZ Utilistt Servics: All temporary electrical power and water
an utility d ribut on e is a part of this.contract with no costs to
be paid by the Owner. Install any temporary transmission lines
required,
2e2 Tem orar Toilet facilities: Provide, install and maintain for
ura on o work, emporary outside toilet facilities for use of
workmen. Toilet facilities shall be constructed, maintained and
• supplied as required for number of men on job and according to local
regulations.
•
2.3 S��tar��agge Enclosures: Provide necessary sheds and enclosures for storing
mama —te a ss d equipment.
2.4 Safety Requirements: Furnish all temporary scaffolding, construction
ladders, runways, and the like, as required. Comply with all laws,
ordinances, rules and regulations governing construction and use of
same.
2.5 Barricades: Furnish or construct any barricades, lights or other
guards about the work area that may be required by local ordinance
or public safety and necessity.
2.6 Removal and Clean-up: Remove all temporary facilities from site as
soon as progress of work permits. Leave building and site in a clean
condition approved by Architect.
PART 3: TESTING LABORATORY SERVICES
3.1 General: When testing, inspection, or other related services are
required by Codes or herein specified, or when, in the opinion of the
Engineer, Testing or Inspection of any work or materials is required,
such services shall be performed by a laboratory approved by the City.
SP - 2
3.2 SSa�ampl____e__s__: Contractor shall furnish, without additional cost to Owner,
• sucT samples as are specified or required for proper conduct of the
work,
3.3 Rego: Testing Laboratory will pick up, care for and make required
ests and report tests in writing simultaneously to the Owner,
Architect and Structural Engineer (1 copy each).
3.4 Payment: Costs of testing laboratory services will be paid by Owner
except as provided for below,
3.5 Extra Costs: Contractor shall pay all costs for testing, inspection,
or of e related services if required because of one or more of
following reasons:
as Retesting because of failure of initial samples,
b. Improper scheduling of work or of delivery of materials by Contrac-
tor or additional costs due to overtime work or extra shift work.
c.. Failure to properly notify laboratory.
d� Changes in sources, lots or suppliers of materials after original
tests,
e. Changes in methods or materials of construction requested by
Contractor that require testing, inspection, or other related
• services in excess of that required by original design.
f. Concrete mix designs in excess of first successful design for each
concrete type.
go Overtime or extra shift work requiring overtime work by Owner's
Inspector,
3.6 Work by Owner's Inspector: Slump tests, mortar and grout prism and
concrete cylInder samples will be made and cared for by Owner's
Inspector.
3�7 Test Lists: For approximate listing of tests to be performed refer
o ai` ppT able Sections of Specifications. Conform to "Test List"
furnished to Contractor after award of Contract.
PART 4: EARTHWORK AND GRADING
4,1 Testing Laboratory Services: Laboratory selection, payment and
repor s n c— onformance wit Section "Testing Laboratory Services ".
Perform compaction control, Compaction shall be determined by
AST11 D1557 -66T, modified to use 3 layers.in lieu of 5.
4.2 Noise and Dust Abatement: Exercise all reasonable and necessary means
to abate un ue no se. Perform necessary sprinkling and wetting of
construction site to allay dust,
61s 1
4.3 Control of Debris: Do not bury or dispose of debris on the site.
• rompt y remove such materials.
4,4 Existing Utility Lines: Notify Architect if existing utility lines
are encountered in the work. Protect lines from damage.
4.5 All fill under concrete slabs may be made with excavated material.
Fill material shall be granular in nature similar to sand. Any
imported material shall be sand. RemO ping fill required for the
site may be made with excavated sand.
4.6 Subcgrade 01 aration:
a. Scarifying: Scarify portions of site covered by building and
concrete slabs to depth of at least 6B0 below existing grade or
below new grades established by cut.
b, Compaction: Compact scarified areas, Bring to near optimum
moisture content and compact with heavy equipment, to 95 percent
of maximum density,
c. Filling: Place fill as required to complete the work as indicated,
17ace—Till in 601 lifts. Compact to 95% of maximum density.
07 Structural Excavation: Cut excavations to proper size to permit
1nst�' a- 'iati`on and+ removal of fours where required, Sides of bearing
• footings shall be formed„ Maintain excavations free of standing
water. Backfill and compact excavations carried below indicated
levels to 907 relative compaction, Remove any pockets of loose
rubble, debris, roots or other foreign matter encountered, Replace
with approved fill and compact as specified.
48 Backfillinq: Remove forms, trash and debris from excavations prior
p
to � iacing�backfill. Material excavated from the site may be used
if limited to material which is primarily granular, Use same material
for backfill as was used for fill under ;-labs: Backfill must be free
of stones, debris, concrete, cellulose or masonry materials. Place
material in 6" layers, . bring to optimur moisture content and comsat
to 90% of maximum density,
E
4.9 Grading: Hake such cuts or fills as may be required to bring ground
sure
to spot elevations or finish contours required or shown, with
a maximum tolerance of ..10 foot. Where QPades are not indicated,
grade uniformly level on slope between points for which elevations tae
given. In absence of more specific grading information, ground shall
slope away from buildings for a minimum distance of 20 feet, at e
minimum slope of 2 per cent. Trenches and other drainage flow lines
shall slope uniformly to avoid standing water. Remove all excess or
unsuitable material from the site. Leave the site clean, properly
graded and free of any Qh is.
SP - 4
PART 5• CONCRETE
5.1 TTees_t�i_nq: Perform following tests in strict accordance with provisions
of current ASTM Specifications and the Uniform Building Code.
a, Sample and test cement, (Mill tests acceptable).
b. Sample and test concrete aggregate as rngoir ed,
co Test two cylinders from each 100 c00 yi;.nds of concrete, or
fraction thereof, placed each days
d. Slump Tests: ASTM C143. Foundations F
i ilar reinforced
concrete, 3" to 4 .`dabs on grade, _" to 4- =112 ". Lightweight
concrete, a" slump,
5..2 Mix Design: Design all concrete rixe:: or a minimum of 3000 vnJ
streng1. at 2A days,
54 Materials:
a„ Do not change brand of ;:ement" or .S'::urcc of aggregate during cogrse
of work without prior ',written approval of Engineer. Protect all
concrete materials from con`:aminaKun Q any kind,
b, Portland Cement: All cement used to job -mixed concrete shall be
packed 'ar! strung pup or or jute bays YVA brand and manufacturer's
• name stamped there ooa Store n en i Ee nrd2y cover and off ground.,
Remove immediately from site any sop rod cement that becomes wet,
Shows any signs of caking, or detGa'"=.C'rnt'ion of any kind,
General Use: ASTH CIED, Type 1 alkali type with 0.0
aNa i con ene• per AnTH C114 when `gotns are reactive or fail,
C/to pass soundness test,,
C-. onvention �Agg•reuats: Use Tqr Homdand 0g €1t concrete. Co fl y,,.;
s-. —KKT
t0 It ul. ::'i �.Ja:,
c. E.1rvhi eilrt rCyrcz13p for PVrarenu .i tlso SOtKLYTE PRODUCTS
CO.-
xiRoc ! ! f,e,
e,. Wafter. Clean and free from dalcter... s amounts of acids, alkalt
salts or organic ma`,er'.i:ls,
f. Admixture: The use of any udmixtvrn QU not be allowed withr,st
prior U 't'tnn approval of he Engineer.
g., Form Materials:
1. Forms for ex2osed concrete: CSY, 3/0 i ,ugla.s Fir structups
R ilaed i1 `, lyfo. " B free of raised
separated veneers,
SP - 5
2. Forms for unexposed concrete: "Standard" Grade Douglas Fir
• conforming to Varr.-IYU79ATLA Grading Rules No. 15. SISIE and
S& as required.
h. Liquid CurinqjL Co
_!ound: ASTH C309 Type I. approved standard
product resin type, free of wax or oil, compatible with sub-
sequently applied finishes or coverings, delivered in unopened
labeled containers.
i. Concrete Curinj_Pagjr: ASTH C171, Pon-sKiFing reinforced type.
j. Expansion Joint strip 0terial: 1/40 asphalt saturated strips
TIDu �It 1 -6 �r1_F_SS__0_T s! Y6
k. Pebble Aqqreaate: Rounded ocean washed pebbles, approximately
TM=TP, avai'lable from CRYSTAL SILICA COMPANY, Los Angeles.
Colors to match existing work.
E Acid Stain: ROHLOFF & CV, uKemiko" acid stain, color to match
exTsfTng-work,
no Surface-Retardant Coat in : SIKH CHEMICAL CORP., "Ruoasol-F" ior
forme0concreTe-sirTaies, "Rugasol-C" for unformed surfaces,
5.4 Concrete Ac re ate Finish:
• a. Intent: It is the intent of these specifications to secure fur
every part of structure, workable, horogencous concrete which,
When hardened, will have required resIVEnce to weathering, ay.ri
be of such strength that standord tee cylinders will have a
minimum ultimate compressive stranyth at 28 days as specifie! in
"Concrete Types.''
r1
L -A
b, Acgregate Proportions: Proportioo amounts of fine and course
itTe7ct to each othon and IQ water-cement cortoyi:
aggregate with res
so that concrete can be placed without segregation and with a
slump of not less than 2 inches, Propartiop concrete mix so KAV.-_
volume of sand with respect to total P;gragate measured separntoly
Shall not be less than 30 percenV laximun quintity of total
aggregate as measur2d sercrately bofore combining shall not cxcend
5,50 cubic feet per sack of cement,
FA I
.r C e Si x e s Maximum size of ;ggregaty shall he 1" for
Man __TF
ei7s Man 15'� 1. thickness, and shall be 1-1/2" for B" or thicker
walls. slabs thicker than 5% Footings, and the like, providing
proper placing of concrete can he securid. Aggregate for prvcns;
tees shall be no larger than one ipch,
d. Water-Cement Ratio: Amount of water per suck of cement, is
any maTTGA-contana in aggregata, Kali not exceed C.00 qv7o
for 3000 lbs concrete,
SP - 6
e, Exposed Aggregate Columns: Use only "Rocklite" aggregate and 100%
. mats ng�g tweigi�itines. Grade aggregates as required to match
existing exposed aggregate columns.
5.5 Transit -mix Concrete:
a> General: Equip transit mixers with automatic devices for recording
-'mfer of revolutions of drum prior to the completion of mixing,
water measuring device and an automatic time clock.
b� Measurement, Mi g Deliver X: Conform to requirements of ww Stani3arh Specification for- Wdy—Mix Concrete ASTM Design. C94
and as herein specified,
1. Deliver to work ;vital 2-1'2 gallons of water per cubic yard with-,
held. Incorporate this crater in mix before concrete is
discharged from mixer truck, but only under supervision of the
Engineer.
K Mix transit -mixed concrete for a• parsod of not less than 10
Minutes. At least 3 minutes of mixing shall be done at job
site, immediately prior to discharging.
c., Certificate: Deliver to Engineer, a certificate with each mixer
truc stating the quantity of cement, water, fine aggregate,
coarse aggregate and admixture contained in load,
• da Do not use transit -mixes concrete if not placed in final positian
within 1 ®112 hours after slater is first added to batch. No
retempering of concrete will be allowed.
SO Defective Concrete:
a. Should strength of test cvlinters of any grade of concrete for
any portion of project fall below minimum 2$ days strength
specified, concrete in place will be deemed defective and shall i>e
removed and replaces; at Contractor's expense,
0
5„7 C'ormst
ao General: Form all woncrete except bottoms of grade beams and
oornngs. Grade beams must be formed,
K Workmanship: ON form: true to line awl grade, or exact dimwit:vwv,
a_ sArawn, su f iciz i iy Light to prevent leakage of mortar, b? "%=.cO
and tied to prevent any spreading and rigid ^hough to prevent
sagging or displacomn"t between suppo'ty, Do not use or 'instoli
wood of any kind, aithnr j:vTpora.r'y or t_;arilt:"i,nenb, inside fork'.:
except for na`linn bin& . bucks. or otner inserts specified..
Sp - 7
pemflnvlont is to Secure
un'ZoW ZH W
.qL at b"s no.
s U., MTKI 77- i 11 nffc-ts in glade,or other
:bvtoujly prominent for; markpofter grinding andlan
and sacking. four myssad cone refe in glywWd Arms. Use a
Wasttc coaling. dyntgnA for7fach une. Cn forms for 10har 'at e tat
do Unexuased Morstu AW pay be nast in Wausai'' '',
Torms.
ReRforcithp MOO
F, Cotrolnatp IRMIRMA of rafnArcing Kees "base, PrOvUed Under
Aection "REAFavely; SAW, Clean TErE extenOng through CvnSxrr&
AM joints of c5ECretalwhily Wurulssav!Dua are soft.
1.9 Preparation for !EAVOCIna:
KsL_LSR- W1,4
a. Debris: Remova foreign- matter in Torng, and rigidly close ports
Q17pening left in form work.
boOhnforcament: Clean Weld& natal A allmartar, alls, mill
scale. and— nor incrustationx or coating that might reduce baW.
c.Wettln of Board FoAR-st MY isside surrAze of foroF with Wates
at pvuF�
do Inserts, Anchcr- Ty-nvrdHale vark -Do
M Mate pipes as istaileO Plive conduits
�th,hancrete slabs with aWnimum cover A 1-214n.ehuve and below
handuit. b Locate accurstely and secure in place b 1- miscellaneous
eous
anchors, aits, ties, doozis. pAtes, M. eforelpouring. MAP
and free from any costing,which wouly Mace their bond'.
Sao PhAig concray.
0 11 Onveyinq and Placinu: Handla =ncrMs from WON pAce of
preMmaYs' 3z 10thAs which vill:prevnnd
separation or less of ingraMents. , Mar no circumstances deposit
�p&tiallyAardened concrete in forms. Deposit conc?ete In forms
zs nearly as Passible to its final lacaMcn. with surface always
approximately harizAtal. Spate and 111hate ceacraveAn 'w cOmPletely 017 forms without sagragation. fCiri,v out
placing as a cantinulug kPeraNva between predeternined construc-
tion jalpts.
v "a D a C t I n a Ork OMAN "hurnughTy around relyforcepant, MOM!.
MAMMA intv vvrnNrS of larvs WAS speration of placing and
CMeCt Q MaChaniCal MMPS ttlh M 1ECKS&W AbrEtOrS until
ccrcrets is tArCOMY SMOCK( M villvet VOW ENTAse cHri,
to diraQ quick hondling & vfIrEtur from one pcsitinn to n5cjhel-
and, in no case, to concrete,
a. DO not install any construction joints not indicatad on drawings
withlut prior approval Form and key all
vertical conctructlan faintsi
1 Concrete,
as The concrete tees and surfaces of Wdred concrete shall be CarK.
by-kepping the co6crete tharougPly mcistoned for 14 dlys after,,
pouring by the use of,concrate curing paper. Slibs may be cured;
by the use of 11,1d,quring compound.
40 Removinq Forms:
a, Exercise particular care in removing forms frDm finisheS concrEK
surfaces Do n remcve form-unlass concrete will supOrt its qqv/
weight togetter with add iYonal loads-due to construttion activi-:
tits. in general, forms W shores shall.rematn undisturbed for
a 7 day mlnfmvm0
BVIS patchf-�g and Knishinq 7ormed Concrets"
.a� The Contractor 007 nut leave expazeJ steel Hess clamps, etc.%
in cGncrete. Repair aiy damage that results in a manner satin--
factory to Ve Engineer,* Remove &I fins from exposed concrete
and 4o all pAtqhjng NqQlately,aftarstnipping formg. if
necessary. grind expssed concrete free nf ridges, 3ff5et5 or ather
prominent matka,
b. Sock exposed extarlar. and Anteriar-concretp surfaces, except
walkipg surfaces, and other wposed concrete specified for special
5.15 Slab F0100
ao Make finish surfaces 0val 5v sloped as bet ej, with a maximum
diviaticn of 118" from a ln'ft. strViNt e-dye, PC& to
for locatinns of following types 0 Usk ficish,
2. interior Slab Finish: Wood-float finish jurNes without UK=
TW
—TV
After zurface water Usappears and surf , Q
sufficientif hardened, steel trDwal V a sxcDth Anse surinces
usinj hand or machbAcal means, Traw&lry khall he m0imum
amount wh0h BUYssult in vaquirad finish and shall not Ore
started until wancrets has harisoad sufficiently to prevent
excess fines 5eing wirked tz surfncs. After concrete 03 sDt,
Hough to ring trowal,Jetrays! AD a V&DIshed Npervicup flnlv�
free of trswsl marks-or atisr bltminhaa. For ell canarate Uzi
surfacas not otherw!SE apncfjl&�
S6 - 121
2 Sid *W172 Finish: Light steel Wwal Mlwn Q Wait in
ss
--r -
u"7 � 6 r 7 V E a rf a C e W
3. MOW K-HIM-0 W"re—ps-ra same as vsymaj.Mb MYS'. MV ready,
00110 SuPhs Ash a Tight brQ�T"Q Y0114''
5.15 Rrqut'4� and D�M' pack: Mar d5hation 0? the Engfuser, Ge,chbac-
Instalt Qy pack prips"ly :5... -.a avT b;arings of plins"
calumns, and like MUM;& Mswbars. Dry nalk SHM W one PaA
Portland Cement to faur papts sand with My anyuoi adtar addyd ,-i
form a WIV Ram:all dry pack tight ald sell, with
and hammer.
5.0 Knos ed Miragats Colu'mns; Call W4; few calunnu w7sh " Tip gasaIM
in strict accerdance Perform wark
UPon aerice of §+ au Waited rcPruEentative. A0pIy coating
and arpose aggregate in a manner 011 result.0 columrs which
will match EYStIng work,,
5.13 Acid Stain on Colubs: Apply two . AM of sleclfl& acid Stain to
e.;!,pvsac aggregate cencrmac columns, in strIct accordance wilh EBRU-
facturer'u instructions. Use punper Wer to make new columns match
existing columns.
5.19 Pebble Finish paying VMS: �'-kpply pebble finish to paving stsips
iu r, i a 77 7-F�� st — 1 FE 7EW jai' t true ev2n surfacq. Sprinkle
with peQblas as required to,matsh existing. Trowel surface until
publes are buyles After Zett!Rg 3nS tO thrM hOUrSt MOM SUMCS
with runYng water. Resultigg surface shall he composed, primarily
of exposed aggregate, prniecting approximately !/On above surrounding
COMM%
5.20 Colored Concrete: Where colored cencrete is indicated, apply L.0
or &C. HOW C% "McrMumu Type iYr'
dust-Dn color hardener, color aF WeKW, in strict accordance.wit'',
Manufacturer's instructi;ys,
a. Truat Vp surface Gf Qnncrevy Wes Kth CaWng systam as fallwws�-
Use no curing zompoundo an cvacrIte surface.
i. Niter Qualleat: W,ply ace MUMS, nZas of HEW 1 TO.,
"Kna-tizaa. diluted and applied 17 1=3r4UM wtv: -Mnu-
ymcsyyarls AWKIans. Allow WAVY at least thras daysn
K syler; Apply too atazz of RGHLIFF & CO., "TraAscal No. 51" in
strict awcoyMca Qztructicns�
PART W REINFAuss Sun
a. identified Stock: one tenalwe and one band Mt for each IC tons
or for each size M1111 analysis accompanying report.;,
Unidentified Stocki No tsnsl7s and cna band test for each 2-7/2
6.2 The rainforcins bars skall be Asti RIE and ASTR A305, deformed gibi llet
-
steel rainforcipg bard, excapt UP reqnd Lars not def5rmTito Inter-
medime grade, Use weldpd steal BOB ASTM AIM,
6.3 Standard chairs and.other acnesEnHas s0_71 be gilya lZad when any
part of ZcresZory is placed with inti gir
surface.,
6.4 Before placing steel thoroughly clean rainfoecing of loose mill,
scale, rusty oil, or other notitis g,that Might destroy or reduce bond,
6.5 Carefully.f6rm reinforcing tnOmen
strai#ten In a maoner injurious to
kinks or bands not shown on pl&ns.
only when entire operation approved
Mons:00cated" Do not bend ar
Merial. Do not use bars with
Wetting and'reinforcement permittel',
by Engirseri
60 Accurately place reinforcement and senora in place as indicated and
here n specifisd. Maintain prcper clearance between parallel bars
and between bars and fcrk� Sec urn steel agairst displacement by,
using annealed steel wire of not le:s than16 gauge. Use metal
spreaders and spacers to-sesuse proper bar spzting - Wire stirrups
accurately and securely to bars at NO top M bvttsw At s0bso
footingsv and beams in ,contact QQ ;nrth, use concrete blocks to
hold distance Rove earth. Vie galvanized
chairs and spacers at all exposed con;yeta. Wire together Le { nfa 7 cc-
mant in concrete at all! points where bors cross.,
✓0 Lap stsaT as detailed, excent whayevEv possible provide minimum 1-112'
c.learance between sets cf splice:G Stagger splices in horizontal hars;
so that, adjacent splices AT! to 0150 apart. Extend stubs and dowels.
required to receive and engQe'SU!2eqs1nt mark, a sufficient length
to develop full_strong th of bar on ;s indicated, Place dowel an
-
stub baryin formn secured against
placing, and. clean of adherld ccncrste l :me dlas;ly after complation
of pour while incrustations ah sift,
GA Use low hydrogen we7ding rKs for all reinforcing bar weli"Ing.
PART 7: CONCAETE BLOCK MONO,'
Testina Laboratory,Services: Muratery selection, pEyment and
=-Y7-WwZW
reports in ccne se&!O�
perfarm following testz:
a; Concrete Hasoary Units: Fannied and tested in accordance wlvi'i
AS A and ON.
SP 1m
b< Cement: Sample and test cement or provide ;gill test reports,
co Mortar: Take minimum of one sea of cylinders on each of first three .
days of masonry works
K Grout: ?fake same number of testa as- specified. for mortar.
ao Cor.es:. . Not required, except that f any r ;:sorter or grout specimens
Th-sOuctural elements fait to meet.specified strengths, cares
shall be taken as directed by architect.
7.2 Materials:
a. Regular Block: ASTM C -90; Grade A, precision concrete Kock,
eo or and type to match existing work,
bo
Cement: As specified under Section. "foncrete ",
containing
c,
Mortar Sand: ASTM 0144,
Vertical calls to be filled shall have vertical
alignment,
d,
Grout Sand: ASTM; C33, �
continuous unobstructed vertical cell area, Grout
shall to
ee
Mortar: Freshly prepared and uniformly
mixed in ratio I
part cement
ue =its
s part lime.pntty, 3 -1/2 parts sand.
Conform to ASTM
Specifics-
aggregate.
Lion C270a Color mortar to match block
color,
gallons of water
fo
Groot: Mixed in ratio a past cement, 3
parts sa „d, and
2 parts pea ;
gravel,
Install reinforcing bars as shown on drawings'.
?art shall
7.3 Lay block in straight course in smack bond. Faces of blocks shall be
all in one place. Carry courses up at tare Nall intersections and
corners, or slope back, No toothed jcints permitted. Cut block with
masonry sass, 'Tops of walls not covered shall be filled With grout
and troweled smooth. Lay block surface drys but pre -cued to prevent
shrinkage cracks, ,Make horizontal W €artical.mortar joints 3180
thick.'
€e4
Grout solidly all horizontal and'vert ta.i cells
containing
reinforcing.
Vertical calls to be filled shall have vertical
alignment,
wo.ma.intain
continuous unobstructed vertical cell area, Grout
shall to
suffi-
ciently fluid to ensure complete filling of all
sections, of
ue =its
requiring grout. but not so thin as to allow segregation
of
aggregate.
In no case shall grout contain more than 7-1/2
gallons of water
per
sack of cement.
7.5
Install reinforcing bars as shown on drawings'.
?art shall
be straight .
unless hooks or bends are shown. Lip as shown,
Hold , <+mly
in place
tea means of � frames or other gultar ?le devicceC
Place staelEto
ensure .
minimum grout cover of 2121,
70
Set all mi sceE K[d:`.ous an`4ie�iis. L.`o7ts, ties f3cwels,,
plate:
er _
necessary to complete the work as detailed.
`j
i
SF - 12
7,7 Maintain block continuously moist for at 'beast three (3) days after
r laying by spraying with a fog nozzle. Sprinkle masonry, lightly and
frequently for the first 24 hours.
7.8 !There indicated, give block a heavy sandblasting to match appearance.
of existing .block :pork
769 All mortar splotches shall be removed from the walls before they have..
set up. Point up as required, Remove all stains by gashing face
of exposed masonry surfaces.
PART 8• PLUMBING
8.1 The Contractor shall do all excavation required for trenches and
underground pipe - lines, backfilling, and leveling off to finish grade.
All exterior pipe lines shall be at least 181 below finish grade.
8,2 The Contractor shall furnish and set in a first class manner in every
respect.all fixtures indicated
863 Cast Iron Pi e: Standard weight, coated ::inside and.o °utside, sound
and without cracks or defects and fittings shall be of cast iron
of same grade. points shall be of oakum and molten lead., the hubs
being completely fitted and. well caulked.
8;4 Water Pi in : Type IL".hard drawn copper with streamline fitting
50-50 s.older. .
PART 9: ELECTRICAL
901 The Contractor shall provide and install:
ao Conduit, pairing, fixtures, lamps, wiring devices. panelboard, and
meter box fob^ lighting and pourer system.
ba Service from electrical vault, verify exact location with Edison
Company and pay all service charges,
ca Trenching and backfilling:recquired for electrical work.
da Permits, fees, and inspections,
9.2 Codes: Comply with latest rules and regulations of State Fire.
oars al: Sa£et. Orders of Division of Industrial Safety; Electrical
Code of the City oflecport Beach; and other applicable State and
Local Laws cr_regulationso Nothing'in these plans or specifications
is to be construed to permit work not conforming to these codes.
9 3 Dra�rings Scale dimensions are approximate, Before proceeding with
any worro t arefully check.and verify dimensions.. Work specified,
but not clear,
,y defined by draiaings, must be installed and arranged .
as directed, and in a manner satisfactory to the Architect and the
Engineers
SP a 23
w:
9,4 Approval of Materials: All elr�c,trical materials shall be of type and
40 quaTit—,y spec e , s all be new, listed by Underwriters' Laboratories,
shall meet their requirements and shall bear their label wherever
standards have been established and label service is regularly
furnished by them,
r1
u
9.5 Structural Conditions: where provisiont riiiis, 'ie ilade in structural
memgers fo— accomm-o'�a"fe electrical wor.o approval of the Architect :;hall
be obtained before starting work,
9,6 Electrical service shall be single phase, 120/240 volts three wire
solid neutral, supplied from the Southern California Edison Company.
9.7 Conduit: Use Schedule 40 polyvinyl chloride plastic conduit for all
wir� g installed below grade, In concrete and masonry, and in other
locations, use rigid steel conduit. Except where flexible conduit
is required and approved by code for connect ions to motors and
recessed light fixtures, Arrange exposed conduit in a neat and
workmanlike manner, parallel to call and ceiling constructions Make
up joints watertight,
9,8 Connectors: SCOTCHLOK Type R, or hot dipped and taped. Make joints
in ee er cables with pressure type lugs,
9,9 Toggle Switches: SIERRA 5051 20 AMP 120/277 with Sierra stainless
s— teer a`p 6 f:es;
9,10 Receptacles: Sierra grounding:type ,H 4026 ivrith stainless steel
p a,es ns..al!ed as shown on plans, e•;aterproef type,
9,11 Main Switch _and Panel: Provide type H90. Square D 120:240 volt,
sing e p ase w re solid neutral as indicated on draw'ngs and meter
socket. as required by Southern California Edison Company,
9,12 Light Fixtures: As indicated on drawings..
9,13 Lamps: Furnish incandescent type for all fixtures,
SP - 14
a
ASSETS
DOLLAIM
LIABILITIES
DOU"Allft -COW
Citing an "AND,
2
D
PC"= PATAIDILS M THAIN ON I&" WrAw or
One
VAAW IN 111"M SXO "VIM" A"IL••inUilSt
00
IFAIIH IN MARINIERS SAVINGS AND LOAN
4J'0
United C
-' 101
00
aqj0gM
None
Father-in,- dw IO
1ft)1000
00
GT=- AMICSIV L9
mom "my income, Tag;
550
00
Accat"M 0IVAO Prepaid R
115
00
3075
06
IMUNAHCi
LAAM 9" IOCR FKWAAM04,
None
aa^L arrAw:,imme, wsW
mia
Power Rifle
Lr TM
9197-0
Oor
None,
SO Me 3!
ssion r1ans
300
T65-1olks, El Dodge
1000
00
Coinf Collection
200
00
OD
Furniture etc
1200
00
TWAL UAIIHILITI
Diabiond EngagemeZt%effa
00
00
NET WOWN rd
1;?. 914
00
TC
I
DO
I TVft POM[R}Y AmD LODArtam
se Darlene 1mr.-mar
Messina] I .
CONTINGENT LJASIUTY OF ANY KIND••TO WHOM tip komiL SO imicAm
91111210, SOLD. OR AMONIM z
Af
BONDS.
..
i6:�g1V MYMin��iO1 �FO�! pCi►:.:. y ;.�-,
iisbruary 13, 1970
w a•+
Enclosed are checks which acocmpanied Proposals for the
leasing of Ana -deI Mar (fir
and Stabs -gmgd% P-uk .
Ooncessions rrom vue
- - -....0
Gordon Douglas Kilmer
$2,000.00
259 Cabrillo
Costa Mesa
Metro Concessions, Inc.
2,000.00
657 Shatto Place
Los Angeles
Noroor of California
2,000.00
P. 0. Box 921
Costa Mesa
Confection Cabinet Corp.
21000.00
1901 Avenue of the Stars
Los Angeles 90067
Fay Thomas
29000.00
300 E. Sahara
Les Vegas 89005
Seakist Enterprises, Inc.
29000.00
P. 0. Box 132
Balboa Island 92662
Ian & Mary Tosh
Corona del Mar State & City Beach Paris 2,000.00
Corona del Mar
Paul S. Ward Concessions
20000.00
1869 New Jersey Avenue
Costa Mesa
Please return all deposits with the exception of Gordan Kilmer's
check, who was awarded the lease at the meeting of the City
Council on February 9.
Lmam Lagios, City Cleric
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