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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 i _. - r 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 i..., ."y I 4 .. ,... 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 p L-A i 0 0 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� � -(3 � ry c _. _ ._�.... � y i I - n .. '. ... ..,.. :.. 17 IJ. . a .... E.. s - i 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 -3- z� s -? Y _'� .i$YLHLydvy' ... .. .,... . , _ � y.�d•dH°.V"Fiii � ' � : "� I i I t-=66 . AL. ._. .. _....�.... .. 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. -4- L 0 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. Q.1M • 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. k (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 -7- I 0 0 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 Ck • 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 i ..s[�"[t? ....b ._4.c. #=_ � � �� "�r,ri uti Va _.a3G�4. � �... .. � _•. � l'�4i� i ? ��}S ., ,. 1.:. .. 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 -10- _ __ I i ... ,� , . .. . �_.. ,..;ti�. _ , . _ , ., � _ __ .. 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 -11- :, .:.��..s _ �..r:_.. :t ; -.,r _ .....-�_�-� =tea aasc��c? �•: .�..t,�i�t �n �� � ,_...�<n; 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 -12- F " A 0 • 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. -13- ` .�4'I � {VY Y cf�iiillML4^.lS�n��IW`.IAY.� i.�iliu R.3 i�. �. v t ! l �.i:. � .. �'.. ..M..'Val�{.)..`4. WAS .1.r.12C(iLG .. .��1�:. ..... .�•.. .. .. .. .�.i :.. I 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 -14- .., w.�, -�. ;.s �. ..., ,.::,^.? ..;0.':.1GUY_ .. j•-�.y�+0. � at ai[.:a_ieu.w.a.�.:.._ .. �. .�. _. _�4.e3 ��_m`�i3�fi -Aara '= ¢�w�.. '�"M�: sCl.,e,:= �'.... �i • 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 -15- 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 -16- 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 -17- z; ....::: _: . _.; 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% .\ .. .. ... ..i... _ .. A. .. �. .... _.. ... i .. _ .: �. ... .. �. i _ ... ...- 1. .. .. �.. .. �� f 'c.' .. l}:%: 0 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 -19- ... - „_ .. 7 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 -20- ,.��,.,� ��.a a.��..�..ss ..� - _.._ _ ..,.�� ,: 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. -21- V 0 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- I ,...,.<�.: �: 'K....,.'rs.G.s,,. -,. ���.. .`. . _:- -.�•� :.'b �3: sv�.sroLS� � � � '� r "b_:r :. �.. ..:, ,� w -4 _. t u 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•_....« 0 0 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 THS:eg 3/4/70 -26- od 0 1• INS's MAW •t•1 r— i r— I F1 L nj faw 0 jI, • 1. E-4 1A '41 faw 0 0 - . X jI, • 1. E-4 0 - . X jI, • 1. J. In Io. EXHIBIT.: Public Works Boud- Faithful Perfornumm California The Travelers Indemnity Hartford, necticut (A STOCK COMPANY) CONTRACT BOND i 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: • ./ EXECUTED IN DUPLICATE Ao wa arrar, Jr ttoi'ney -in -Fact 5-600 PRINTED IN U.S.N. REV. 11-61 i � W W c O to O °d H 'C n m m O H r N � n � O tz N � i • s 3 s � � H W r l . u n O O n 0 n y V f } z H O 0 3 s � � H W r l . u n O O n 0 n y V f } 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 S'598. REV. 2.63 rxintco ix u.s.n. A O 0 U � o U a O a d w as 0 0 r - . - , i Rd k < z � z 0 as ao w L W �tD d1 � r - . - , i Rd k 4 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 x - t - t cc ity p - m Y�8 :lea - - \ t a I� z : OF CRY Fill .. -' Fi + Zo s I� 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 TAStmh 3/5/70 p Qr sL t � +tom i. 1 � ' F j dt> a KY KI l k v�ixk iT : T:ytL f�� 4 � 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. r ,.. +. L: e?,..v._•_,. .. x.ai.d.2e:�i'L. :KvX S. r.:A�e�.r��J�..�. _,.._. ` 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 n s 1 pAr. WN - 3 i .3 L ax te � a w r Y. R1 i