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1980-0403_DW CONTRACTING_ContractICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City Council of the City of San D. W. Contracting Company, 1504 California, 92651, who was the work, to wit: contract heretofore awarded Juan Capistrano, California, Caribbean Way, Laguna Beach, company thereon for doing the REHABILITATION OF THE PARRA ADOBE by the to following That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 2nd day of April , 198 0, by Resolution No. 80-4--2-1 That upon said contract the American Motorists Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 3rd day of April , 198 0. Mary An nover, City Clerk of the Cit of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 3rd day of April 1 1980 (SEAL) to - Mary An anover, City Clerk of San Juan Capistrano RECORDED IN OFFlCUL RECORDS Of ORANGE COUNTY. CALIFORNIA TK 7309 20 P� 4 P.M. APR 4 11* LEE A. BRANCH, County Rewrdw Cn RECORDED AT THE REQUEST OF EXEMPT RECORDING F ES EXEMPT DUE TO F` AND RETURN TO: C4 GOVERNMENT CODE SECTION 6103 'o City of San Juan Capistrano Office of the City Clerks V 32400 Paseo Adelanto ary Hanover, City Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA V ICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City Council of the City of San D. W. Contracting Company, 1504 California, 92651, who was the work, to wit: contract heretofore awarded Juan Capistrano, California, Caribbean Way, Laguna Beach, company thereon for doing the REHABILITATION OF THE PARRA ADOBE by the to following That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 2nd day of April , 198 0, by Resolution No. 80-4--2-1 That upon said contract the American Motorists Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 3rd day of April , 198 0. Mary An nover, City Clerk of the Cit of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 3rd day of April 1 1980 (SEAL) to - Mary An anover, City Clerk of San Juan Capistrano • CITY COPY Aima This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and D. W. CONTRACTING COMPANY hereinafter referred to as CONTRACTOR. • IT IS ILEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:. FIRST. CONTRACT DOCUIdENTS. The contract documents shall be considered to include the Notice inviting Bids, the Instruction to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affi- davit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, plans, specifications and special provisions, contract bonds, resolu- tions adopted by the City Council pertaining to the work, in- surance policies and certificates, and any supplemental written ' agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies neces- sary to perform and complete in good and workmanlike manner the construction of the REHABILITATION FOR ADAPTIVE USE OF THE PARRA ADOBE. in strict confor- mity with the Plans, Specifications and all other contract docu- ments, which documents are on file at the Office of the City Clerk, City Ball, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYATENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at • the prices designated in bid proposal at the time and in the manner set forth in the Specifications. -15- iOURT]I. COMMrNCEM NT AND COPHILLTION OF THE WORK. CONTRACTOR agrees to begin and completp the work within the time specific(] in the Notice Inviting Bids. It is agreed that it would be im- practicable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) a day for each day delayed; provided that extensions of time with waiver of liquidated • damages, may be granted as provided in the Specifications. • FIFTH, PERFORMANCE BOND AND LABOR AND MATERIAL BOND, Contractor agrees to furnish bonds guaranteeing the performance of this con- tract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of Cali- i;ornia, on forms apprcved•by City, The Performance Bond shall be for an amount of one hundred percent (1007o) of the amount of this contract and shall be conditioned on full and complete per- formance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after com- pletion and acceptance. The Labor and -Material Bond sl -all be for an amount of one hundred percent (1000) of the amount of this contract and shall be conditioned. upon full payment of all Labor and ?`Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Spec ifica-tions. SXXTIi. GENMAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the pre- vailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR • under him, shall pay not less than the foregoing specified pre- vailing rates of wages to all workmen employed in the execution of the contract. SEVENTII. INSURANCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Worhmien's Compensation Insurance in amounts • as required by the Specifications. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO _PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same ex- tent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipula- tion that eight (8) hours labor constitute a•legal day's work and CONTRACTOR sha7.1, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contracc by CONTRACTOR, or by any SUB -CONTRACTOR, for each calen- dar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED: November 7, 1979 APPROVED AS TO FORM: City Attorney DATED: -%j -17- CITY OF SAN JUAN CAPI7RANO MAYOR CITY CLERK D. W. CONTRACTING COMPANY CONTRACTO By2/ AGENDA ITEM April 2, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report -- Parra Adobe (D. W. Contracting) SITUATION The Parra Adobe has been completed. This capital project was constructed with funds encumbered from the 1979-80 budget; it is now ready for acceptance by the City Council and recordation with the County. FINANCIAL CONSIDERATION The current payment status is: Total project cost $42,148.00 Less 10% retention 4,214.80 Total due to date 37,933.20 Previous progress payments 35,789.04 Amount Due 2,144.16 This project has $30,000 budgeted for this fiscal year and a $20,000 grant from the Historic Preservation Act. Grant pay- ments have been requested, but have not yet been received. The project was approved for $39,648.00 at the City Council meeting of November 7, 1979. A change order, adding $3,000 to the contract amount, was approved on February 20, 1980. A deletion was approved in March, 1980. ALTERNATE ACTIONS 1. Accept the project as complete. 2. Do not accept the project as complete. 3. Request further information. FOR CITY COUNCIL AGENDA ... Ll James S. Mocalis April 2, 1980 Page 2 RECOMMENDATION 40 By resolution, determine that the work has been completed and declare the work to be accepted. Direct that within ten (10) days from the date of acceptance a Notice of Completion be filed with the Orange County Recorder. The total amount of work per- formed under the contract is $42,648.00. Direct staff to release the 10 percent retention thirty-five (35) days after recordation of the Notice of Completion. Respectfully submitted, f � W. D. Murp W. D. WDM:PH/rh C-) Id u .) 0 p y x It7 C {a 7 C7 M O rt 3a b W A O _ n,' 1 O• � g O n 3 N ( i A w rt n 7t i .t � o 0 O i.r'. y M b H H n 1-f K . V (' '� C n r•rrr O 1- m p m n a c 0 N c r o K . O r-0 to N (P N R K O rT [. m n t7 • p G- 7 N R o n R r• rt �. M It I-- i� C Y to y R a •c W ' O w .. N R ' N w n i 1 1 IT O C W R C-) Id u .) 0 p N N J {a It m N A O rt 3a b W A O _ n,' 1 O• � g O C-) Id u .) 0 p Ir It m N A O rt R O _ n,' 1 H U � g O n R o n 3 N ( i A w rt n 7t i .t � o 0 O i.r'. N p� n 1-f K . V (' R C O 1- O 7 a c K . O O h N Ir Hs ' No 2 p G- o rt �. M It I-- i� C y R •c W T w .. m 7 w n i 1 1 ICI Vr N -I l) x m ynN w -•oo N r* 3 z n pan awm� (y va n _ '�YG K Y• > > V go 0 o z I O rr rrrrr {'� N N NN NNN R A n C m � Y rt M• nl G 7 O O O 00 1 1 H A SC Y• v N 7 rt m r• -�0 0 0o N rt R �C • 00 0 00 1 1 1 N R r. m Y• G u o p p p C — m rr, o 0 0 0�0 0 O C Ca r N R R ^ m 1.400 000 0 000 n T R In O O W N O O O N N N U U n N�' ooco o (JN V O o 0 to o 13 C-) Id u .) 0 p Ir It m N A O rt R O _ n,' H U � g O n R o n 3 N • i A w rt n 7t i .t � o 0 O i.r'. N p� n K . V (' R C O 1- O 7 a c K . O O h N Hs ' No 2 p G- o rt �. M It I-- i� C y R •c W T w .. m 7 w n i 1 1 RESOLUTION NO. 80-4-2-1 COMPLETION OF THE PARKA ADOBE REHABILITATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF THE PARKA ADOBE WHEREAS, on the 7th day of November, 1979, the City of San Juan Capistrano entered into a contract with D. W. Contracting Company, for the rehabilitation of the Parra Adobe; and WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: . SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of 42,648.00. SECTION 3. That the work is hereby accepted and approved. SECTION 4. It is further ordered that a "Notice of Completion" be recorded, on behalf of the City, in theoffice of the County Recorder of the County of Orange within ten, (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of April 1 1980 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None .4 KENNETH E. FRIESS, MAYOR ATTEST: 'CITY CL STATE OF CALIFORNIA ) COUNTY or ORANGE CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct COPY Of Resolution No. 80-4-2-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting therwf held on the 2nd day of April , 1980 (SEAL)i��frf-l�l�%'� MARY AN NBANOVER, CITY CLERK -1- AGENDA ITEM February 20, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Change Order No. 2, Modifications to Specifications, Parra Adobe Renovation SITLATICN D. W. Contracting Company is requesting a change order to pay for the installation of new flooring and the replacement of rotten joists in the Parra Adobe. The Secretary of Interior's guidelines for restoration of structures on the National Register of Historic Places required the retention of the usable portions of the existing floor. Upon closer examination, however, it was determined that none of the existing floor can be salvaged; all must be replaced. Reroval of the ceiling also revealed joists which must be replaced because of termite damage. These were not visible prior to the start of work. FINANCIAL CONSIDERATIMS The cost of the additional materials and work is $3,000. Adequate funds are budgeted to cover the additional costs. ALTERNATE ACTIONS 1. Approve the change order as suhnitted. 2. Deny the request. 3. Request further information from staff. REOCNMENDATTM I By motion, approve the change order #7 for additional materials and work in the amount of $3,000 for the Parra Adobe restoration project. Respectfully submitted, W. D. Murphy WDM:PH/rent FOR CITY COUNCIL AGENDA /< CONTRACT CHANGE C'hange•Drder No. 9 • Date 2- --Project No. Parra Adobe, 27332 Location Ortega Highway, San Juan Capistrano Beginning ContPt Date November 19, 1979 _ Contract Amount $_39,648.00 Previous Change Orders This Change Order $_ 3,000.00 Adjusted Contract $ 42,648.00 Itcm `Decrease In Increase In. No. Description of Changes Contract Price Contract Price 3 1. Remove, replace termite damaged ceiling members.. 2, Remove, replace termite & rot damaged floor members. 3. Caulk, renail roof. $3,000.00 Change Li Contract Price Due to This Change - - - - — ._-Order _._. $ $ 3,000.00 Net Change In Contract Price $ $ 3,000.00 TIRE SCHEDULE: ACCEPTANCE: -� Total Contract Days 90 ~Accepted by. rte„-._ /Vnount Prior C.O.(s) 0.00 D.W. Contracting Amount This C.O. $3,000.00 Recommended by: DC7! DATE: 2_g -Sri z- r ra Ad3usted Conti act Days New Date of Completion _q. 1980Approved by W. D. Murphy, Directof Public Work AGENDA ITEM November 7, 1979 TO- James S. Mocalis, City Manager FROM: Pamela Hallan, Secretary, Cultural Heritage Commission SUBJECT: Award of Contract, Parra Adobe Renovation SITUATION On October 26, 1979, bids were opened for the renovation of the Parra Adobe, a City -owned historical building located at 27382 Ortega Highway. Two companies submitted bids: D. W. Company - $39,648 G. E. Leach Company - $61,888 Staff has reviewed the qualifications of both bidders and feels that either firm is capable of conducting and completing the project in a satisfactory manner. The project calls for the structural reinforcement of the walls, ceiling, and foundation; the repair of windows and doors; and the renovation of electrical service to the building. The roof is in adequate condition and shall be retained. When construction is complete, the adobe walls will be repaired with hand -made adobe bricks and replastered with mud from the site. Community volunteers will be used for both activities. FINANCIAL CONSIDERATIONS There is currently $30,000 budgeted for this project for Fiscal Year 1979-1980. The City has received a $20,000 Historic Pre- servation Act grant, bringing the amount of total funds avail- able to $50,000. ALTERNATE ACTIONS 1. Award the bid for renovation of the Parra Adobe to D. W. Company in the amount of $39,648 and authorize the Mayor to execute the appropriate contract documents. 2. Award the bid for renovation of the Parra Adobe to G. E. Leach Company in the amount of $61,888 and authorize the Mayor to execute the appropriate contract documents. 3. Reject both bids and rebid the project. 4. Request further information. FOR CITY CQQNCIL AGENDA �/ " _2_ • RECOMMENDATION By motion, award the bid for renovation of the Parra Adobe to D. W. Company in the amount of $39,648 and authorize the Mayor to execute the appropriate contract documents. Respectfully submitted, ) Pamela Hallan PH/tw Attachment IN REPLY REFER TO: 0 United States Department of the Interior HERITAGE CONSERVATION AND RECREATION SERVICE WASHINGTON, D. C. 20240 Dr. :Cnox Mellon L,•, •1 " State Historic Preservation Officer t,... 16 F ,. California Department of Parks & Recreation P.O. Box 2390 Sacramento, California 95811 Re: ParraiMiguel Adobe 06-09471 Dear Dr. Mellon: The Office of Archeology and Historic Preservation, is pleased to inform you that $ 20,000 in matching Federal funds appropriated for the purposes of the National Historic Preservation Act of 1966, as amended, has been approved for this project. The project application dated December 22, 1978 has been reviewed and approved with the work program and budget changes and special conditions listed on the enclosed sheet. The term of the project is: beginning date: ending date: Jam.sry 1, 1979 September 30, 1980 Reports of liquidations of advances and reimbursement requests should be submitted monthly, but not less frequently than quarterrly. The project must be administered in accordance with "Historic Preservation Grants -in -Aid: Policies and Procedures," all applicable regulations and guidelines governing Heritage Conservation and Recreation Service grants, and special conditions listed on the attached sheet, if any. A copy of the completed Standard Form 424 is enclosed for your records. Sincerely, vle gtl » Stephen D. Newman Chief, Grants Administration Division Enclosures Ez D 11:00 A.M. • B I D P R 0 P O S R L For the: ADAPTIVE iJSE Ob' THE PARRA ADOBE • To the Honorable Cite Council City of San Juan Capistrano • Geatlenen: From: J W C, Contract C►ractc -jtl The und.�rsi.gned, as bidder, declares that he has carefully e.camined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, read the Instructions to Bidders, and is familiar with all pro- posal requirements, and hereby proposes and agrees, if the pre•- po-al is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: Gt-S Said amoAt to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, ap- paratus, and other means of construction; also, the performance and completion of all the work: in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of "'ki days. Ob - 4- Y �� 00 • undersigned to comply with the terms of this.proposal. Accompe.nying this proposal is GO V,4& (insert "�— cash", "cashier's check"., "certified check", or "bidder's bond" as the case may be) in an amount equal to at least ten percent (10,10) of the total bid.. The following is the name and place of business of the surety Wompany which will furnish the required bonds as surety if the work is awarded to the undersigned: P/ i3a..,,�ev- &nds v'8 so. �Ds 42- Licensee3 in accordance with an act providing for the registration of contractors - License No. 2-72 863 Signature of bidder e (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: president, secretary, treasurer and manager thereof.) Dated: 10 -26 --►`l 0 • Business address U Y 4q7- z4 z-zO Phone numoer -5- OR Further, the undersigned bidder -certifies that he has thoroughly checked loe figures set forth in this proposal, that they are correct to the st of his knowledge and that they constitute his proposal for the work called out herein. Sianature of Bid r Date • WN -COLLUSION AFFIDAVIT TO BE EXECUTE) BY BIDDER Aft,) SUBMITTED WITf; BID STATE OF CALIFORNIA ) County of(5c being first duly sworn deposes and says that he is %dello f /'////1ZZ-601Y of ,J. t!/ �T/�YG the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to 'put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any- one else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one inter- ested in the.proposed contract; that all. statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection there- with, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as • have a partnership or other financial interest with said bidder in this general business. -7- i i ON 490- l- zc 2 294 x ig-z9 _, before me, the undersigned, a Notary Public in and for said State,*personally appeared oFFlclu sEu WILLIAM L GARMON NOTARY PUBLIC . CALIFO'INIA PRINCIPAL OFFICE IN ORANGE COUNTY 4 OTI 155100 Exp_ April 1, 1983 to be the person whose name subscribed to the within Instrument, and acknow- ledged to me that he executed the same. WITNESS my hand and official seal. ary Punizc gn and for said 5ta -7zi- DESIGNATION OF SUB -CONTRACTORS I • Submit with Proposal In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the fol- lowing listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that; all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. ITEM OF WORT: 16C34-. • SUP -CONTRACTOR FK lv'�� ADDRESS W. BIDDER'S AUTHORIZED SIGNATURE SM PHONE. No. 7-75-- /3I,3 G STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES) OFFICIAL sEAL J. M. LEMANTINE «� k6?ARY PUaLIC CALfORMiA Pr^.lt4ClPAL QFna lid LOS At:LZ2_E9 C3 t1NiV CommisswR FxP A ii 2. 1982 ON OCT 1 6 1979 19 _ , before me a Notary Public in and for said State, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the AttorneyinFact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. Notary Public Direct all correspondence to — AL BARKER BONDS 685 Carondelet Street Los Angeles, California 90057 • (213) 383.2168 AMERICAN MOTORISTS INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS 9SM 551 274-F BID DATE: 10/26/79 That We, D.W. CONTRACTING as Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY, I a corporation organized and existing under the laws of the State of Illinois, and authorized to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO as Obligee, in the SUM of EIGHT THOUSAND AND NO/100 ($8,000.00) ----------------------------BOLLARS, lawful money of the United State of America, to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee t shall make any award to the Principal for: RENOVATION OF THE PARKA ABODE. according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the American Motorists Insurance Company as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not tho npnalty of this bond, then this obligation shall ,.. Ful l AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 jca POWER OF ATTORNEY Know All Men By These Presents: •That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ******** Stephen C. Kolb, Mary M. Sullivan, and James H. Restrick of Los Angeles, California (EACH}***********************************************x>Ear*Par its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1980, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND WLLARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1980 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said n erican Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of hich is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, Thal the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be aifixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this _22nd day of June —,19-7-8 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By _ , — 'I C. G. Swan, Secretary H. L. Kenn STATE OF ILLINOIS` ss COUNTY OF MCHENRY 1, Jo Anne Krein, a Notary Public, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized •signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth 1 YI I% My commission expires: March 21, 1982t / to Anne Krein, Notary Public CERTIFICATION 1/ 1, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated June 22, 1978 on behalf ofStephen C. Kolb- Mary M. (EACH)******************* Sullivan and James H Restrick of Los Angeles, CA is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American •Motorists Insurance Company on this day ofOCT 161U�� 19_. Sven L. Johanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836 6-78 1M PRINTED IN U.S.A. Power Atlorne Term STATE OF CALIFORNIA I ss. COUNTY OF LOS ANGELES 1 OFFlCIAL SEAL 63 J. M. LEMANTlNE �. NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY M Commission Exp. Aug. 2, 1982 ON NOV 1 - i=, 9 — 19 _ , before me a Notary Public in and for said State, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. tary Public Direct All COrrospondence to— AL BARKER BONDS 685 Caron&w St. IghArtgeies, Csiltomle 90057 (213) 383.2109 BOND NO. 9SM 555 056 PREMIUM 396.00 AMERICAN MOTORISTS INSURANCE COMPANY PERFORMANCE BOND _ CALIFORNIA _ PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That we D,W. CONTRACTING COMPANY as principal, • and AMERICAN MOTORISTS INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Illinois and authorised to transact surety business in the State of California, <.s Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO in the sum of THIRTY-NINE THOUSAND, SIX HUNDRED , FORTY EIGHT DOLLARS AND NO/100 ($ 39,648.00 ) lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. I The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract dated NOVEMBER 7, 1979 , with said D.W. CONTRACTING COMPANY to do and perform the following work, to -wit: THE REHABLITAION FOR ADAPTIVE USE OF THE PARR ADOBE. n C NOW, THEREFORE, if the above -bounden Principal shall well and truly perform, or cause to be performed, each and all of the requirements and obligations of said contract to be performed by said Principal, as in said contract set forth, then this bond shall be null and void; otherwise it shall remain in full force and effect. • SIGNED, sealed and dated this 16th NOVEMBER , 1979 D.W. CO CTIINJG CPM 'A AMERICAN MOTORISTS INSURANCE COMPANY BY / BY: Y z BY STEPHE C, KOLB f'Attorney-in-Fact 0 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss. ON Nny i Epi 1g79 19 _ , before me a Igo &bl6 irkb j�for said State, personally appeared OFFICIAL REAL known to me to he the person whose name Is subscribed to the J. M. LEMANTINE within Instrument as the Attorney -in -Fact of AMERICAN NOTARY PUBLIC CALIFORNIA MOTORISTS INSURANCE COMPANY, and acknowledged to PRINCIPAL OFFICE IN 9 LOS ANGELES COUNTY me that he subscribed the name of said Company thereto as Commhsiun Exp. Aug. 2, 1982 Surety, and his own name as Attorney in Fact. Notary Public BOND NO. 9SM 555 056 PREMIUM INCLUDED IN PERF. AMERICAN MOTORISTS INSURANCE COMPANY • LABOR AND MATERIAL PAYMENT BOND CALIFORNIA - PUBLIC WORK • KNOW ALL MEN BY THESE PRESENTS: That we AMERICAN MOTORISTS INSURANCE COMPANY have awarded'to D,W. CONTRACTING COMPANY hereinafter designated as the Contractor, a contract for the work described as follows: THE REHABILITATION FOR ADAPTIVE USE OF THE PARRA ADOBE WHEREAS, said Contractor is required to furnish a bond in connection with said contract, providing that if said Contractor, or any of his or its sub -contractors, 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 contracted to be done, or for any work or labor thereon of any kind, that the Surety on this bond will pay the same; NOW, THEREFORE, we D.W. CONTRACTING COMPANY the undersigned Contractor as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN _JUAN CAPISTRANO 1n the sum of 39,648.00 , said sum being not less than one-half of the estimated amount payable by the said under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly b,U these presents. TSE CONDITION OF THIS OBLIGATION IS SUCH, That, if said Contractor, his or its heirs, executors, administrators, successors and assigns, or sub -contractors, shall fail to pay for any materials, provisions, or provender or other supplies or teams, implements or machinery used • in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Chapter 7, Title 15, part 4 of Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Code, the Surety, or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, • SIGNED, SEALED AND DATED THIS 16th OF NOVEMBER , 1979 D.W. CONT TING COMPANY BY BY L J AMERICAN MOTORISTS INSURANCE COMPANY BY: b c-\ Attorney -in -Fact STEPHEN C. KOLB AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ******** Stephen C. Kolb, Mary M. Sullivan, and James H. Restrick of Los Angeles, California (EACH)at*Ott***st******srsEsr*st**sr�r;*sEsrsr�E�tstsEsr*st*xtr**sr*ar�E*ir�EacararaE its true and lawful agent(s) and attorney(s}in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1980, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided We amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND LLARS (ffi500,000.00)**+EiFiF1FiF#+tiE+HtsEaEtt+EiHr*ataEatttiEit*�titsEtat**it*tiF+EiF EiFiEiFiE�EiEiFik*atiEiE EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1980 his Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said merican Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnify and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 22 d day of June _19783 Attested and Certified: STATE OF ILLINOIS ss COUNTY OF McHENRY } AMERICAN MOTORISTS INSURANCE COMPANY 'A:�—�-z:7 !nnicott, Jr., Vice Presic I, Jo Anne Krein, a Notary Public, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan personally known to •me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth i F /,/ O, My commission expires: March 21, 1982 V Jo Anne Krein, Notary Public CERTIFICATION 1, Sven L. Johanson, Secretary of the American Motorists insurance Company, do hereby certify that the attached Power of Attorney dated June 22- 1978 on behalf of Stephen C. Kolb, Mary M. Sullivan and James H Restrick of Los Angeles, CA is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached •Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 16th day of NOVEMBER 197 9. 6ti ~r!„ Je Sven L. Johanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836 f:Te lM PRINTED IN U.S.A. Power of An.n Term PROOF OF PUBLI ftN (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and DAILY published.................................................................... .......................... in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1960, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit :................................ October 10 and 17 all in the year 19 ...... 79 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 17th October 79 dayof ............ ....................... _............ 19........... /f Y_ /7 UL,., e-� ) /7 Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714-492-5121 This space *We County Clerk's Piling Stamp RECEIVED OCT 18 it 41 AN 070 C 17 3F SA.tir ly;�tp� Proof of Publication of NOTICE INVITING BIDS ....................................................................................... NOTICE OF TRANSMITTAI, •- LEG<1L PUBLICATIONS TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: WEDNESDAY, OCTOBER 10, 1979 AND WEDNESDAY, OCTOBER 17, 1979 DOCUIIENT(S) TO BE PUBLISHED: NOTICE INVITING BIDS - PROOF OF PUBLICATION AUTHORIZED BY: DATE:_ nntnher_If 1q79 Date sent to paper Date proofed Date published Date affidavit received Cost RENOVATION OF THE PARRA ADOBE Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 NOTICE INVITING BIDS RENOVATION OF THE PARRA ADOBE Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Renovation of the Parra Adobe until 11:00 A.M. on the 26th day of October , 1979• A pre-bid conference is scheduled at 10:00 A.M. on the 19th day of October 1979, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of -$10.00 . Dated: October 3, 1979 �! � —,/i1� CITY CL CITY O SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA N O T I C E I NAV I T I N G- B I D S Public notice is hereby given that.the City of San Juan Capistrano will up to 11:00 a.m, on the 26th day of o. ober, 19792 receive.sealed proposals or bids for the RENOVATION OF THE PARRA ADOBE , in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto,' San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is.made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract withi415 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m, on the 19th day of October , 1979, at the City offices. The con- tractor.shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is%the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall ' not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. -1- The successful badder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance Bond equal in the amount of one -hundred percent (100%) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of 90 consecutive calander days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of ter diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and speci- fications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10.00, nonrefundable, is required for obtaining each set of plans and specifications. Each bidder shall state,the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. -2- This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 3rd day of October, 1979 CITY CLERK L CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- AGENDA ITEM September 19, 1979 TO: James S. Mocalis, City Manager FROM: Pamela Hallan, Secretary, Cultural Heritage Commission SUBJECT: Approval of Plans and Specifications and Call for Bids - Restoration of Parra Adobe, Ortega Highway 61"MtiM 601 The Parra Adobe, a building listed on the National Register of Historic Places, is ready for restoration. Plans and specifica- tions, written in accordance with the Secretary of Interior's guidelines, have been reviewed by the Building and Safety Division and are certified for bid. Plans call for the structural reinforce- ment of the walls, ceiling, and foundation, the repair of windows and doors, and the renovation of electrical service to the building. The roof, a later addition, is in adequate condition and can be retained. When construction is complete, the adobe walls will be repaired with hand -made adobe bricks and replastered with mud from the site. Volunteers will be used for both activities. Plans and specifications are available for review in the Department of Public Works. The bid package is currently being reviewed by the State for affirmative action compliance. Upon release, expected in two weeks, a notice inviting bids will be advertised for four weeks with bid opening scheduled for October 31. Award of bid is expected the first meeting in November, followed by a three-month construction period. The project should be completed in March. FINANCIAL CONSIDERATIONS There is currently $30,000 budgeted for this project for fiscal year '79 - '80. The City has also been awarded a $20,000 Historic Preservation Act grant which can be collected when construction begins. This makes $50,000 available for the project. ALTERNATE ACTIONS Approve plans and specifications and call for bids for the restoration of the Parra Adobe. Request further information. FOR CITY COUNCIL AGENDA .... ..... 0 James S. Mocalis, City Manager -2- Approval of Plans and Specifications and Call for Bids RECOMMENDATION September 19, 1979 By motion, approve plans and specifications and call for bids for restoration of the Parra Adobe. Respectfully /su�bmiitt�ted , : r..S� +�C76`-a' --- Pamela Hallan PH/rh IN REPLY REFER 10: 11 United States Department of the Interior HERITAGE CONSERVATION AND RECREATION SERVICE WASHINGTON, D. C. 20240 Dr, Knox Mellon State Historic Preservation Officer California Department of Parks & Recreation P.O. Box 2390 Sacramento, California 95811 Re: Parra.Miguel Adobe 06-09471 6 r0,I Dear Dr. Mellon: The Office of Archeology and Historic Preservation, is pleased to inform you that $ 20,000 in matching Federal funds appropriated for the purposes of the National Historic Preservation Act of 1966, as amended, has been approved for this project. The project application dated 'December 22, 1978 has been reviewed and approved with the work program and budget changes and special conditions listed on the enclosed sheet. The term of the project is: beginning date: ending date: January 1, 1979 September 30, 1980 Reports of liquidations of advances and reimbursement requests should be submitted monthly, but not less frequently than quarterly. The project must be administered in accordance with "Historic Preservation Grants -in -Aid: Policies and Procedures," all applicable regulations and guidelines governing Heritage Conservation and Recreation Service grants, and special conditions listed on the attached sheet, if any. A copy of the completed Standard Form 424 is enclosed for your records. Sincerely, }� Stephen s -- Stephen D. Newman Chief, Grants Administration Division Enclosures WORK PROGRAM AND BUDGET CHANGES/SPECIAL CONDITIONS NUMBER: PROGRAM TITLE: BEGINNING ENDING DATE: DATE: 06-09471 Parra Miguel Adobe 1-1-79 9-30-80 No changes have been made to the project application by the Heritage Conservation and Recreation Service. This action authorizes expenditure of funds for pre -approval costs detailed in the work/cost breakdown, beginning February 15, 1978. 0 0 OMA Apnmyal N2 29-SJ7i8 STANDARD FORM 421 PAGE I (IC e. CSA. !'Minae Yeaugae,ent l:.raldar FEDERAL ASSISTANCE2. -PLL a. NUMBER 3. STATE a N R ^„'1 t`, CANTS APPU- AP✓LICA- TIC IDFNTI- b. DAFE fear mn Ih doy 1. TYPE i -I PREAPPUCATIRN ❑ i. DATE. OF ACTION ❑ APPLICATION CATION wwontAs dao rose 19 rose ., ,Y1 FIER ASSIGNED 19- n, -� (Ai ap- E]NOTIFICATION OF INTENT (OPL) Lra.. oPrsei al ❑ REPORT OF FEDERAL ACTION 11InfA d. LEGAL APPLICANT/RECIPIENT S. FEDERAL EMPLOYER IDLNtIFICATION NO. A. Applicant Name :State of California -' B. OmnlMllon Unit :Cal. Office of Historic Preservation Strad/P.O. DOX 2100 & NUMBER 5 • u J o. Boa :PO PRO. a. -� Ir TITLE e. city :Sacramento .. County Sacrymcat;o CRAM /. Rld. GT^llD ')rrl1 F+am !"d...I IfistoriC PrCsez /atio v(.nli.f it. Elp Pada•. If. Contact Pwaw (Nowa 1rnOX t;ellon, SHPO, (01D)L1.5-E005 Catalog) Lf l telephone Aid) :Dr. Td 7. TITLE AND DESCRIPTION OF APPLIWNrs PROJECT 8. TYPE OF APPLICANTi RECIPIENT p DOB- .J PA'nk Aan Juan Canistra-lo, Oran;7,e Co.) A-sw. H -Community Action Agency B-Incl.tat. The purpose of the project is the stabilization and I-Hqh=, Edccatmnel 'nail Wiw C- Substal. J- Indian Tnb. MauK-Otn.r (Specify): partial rehabilitation of the Parra Adobe for even- eGown" teal use as a museum. :fork an cost items inclu 'c : F-:Chnnl 0111 f'C[ a drainage and site work, electrical Erste ayy+oyriate Ie(lo :;or'.:, stract.Tra1 9' TYPE OF ASSISTANCE work, roof repair, repair or reolacemcrt of:•ir'.o;s S and doors, archeological research, and architectural A -84'.c Gant D-Insunnu B-SuDp'amennl Gnat E-0th.r Enter ay➢ o- at. E work. The so_:rce of the ^.a -federal fare is e FtDna yr 5t 30. AREA OF PROJECT IMPACT INamea of r.:w, ewwt4a. 1]. ESTI L:AiED Nti'.1- 12. TYPE OF APPLICATION SWta, ale.) BER CF FER=NS A -N. (-R.Ynlan E-Au.martdion BENEFITING California 21, Q£O, 000 B-R.na,&I D -Continuation Enter appropriate letter 13. PROPOSED FUNDINJ U. CONGRESSIONAL DISTRICTS OF: 15. TYFE OF CHANGE (For Ise or It.) A -Increase Bottom F-0Ihar (Syedfy): &Bonen. Dollars a. FEDERAL S 20 ,000 .CD a. APPLICANT A PROJECT LO binereaw Deletion NVA o-Beaes;> OmMion ,l n ]. APPLICANT0. �J 00 E -Concent' n & STATE .00 16. PROJECT START 17. PROJECT _ DA7E Year esi slow OURATION Kew aPyra- it. LOCAL .CB 19 `: n: 1 `• .Nont.L yri.:a Ietter(sl _ a. OTHER .CO 1& ESTIMATED DATE TO Year wonth day 19. EXISTING FEDERAL IDENTIFICATION NUMBER BE SUBMITTED TO L TOTAL 1 •pp FEDERAL AGENCY P. 19 nF, 19 7 20. FEDERAL AGENCY TO RECEIVE REQUEST (Nowa. Cit, State. ZIP andel Dept. Of the Interior 21. REMARKS ADDED Herl ^e Conservation ft 'Ip r.r „ Yes ❑ No 22. a. To the bat of mY tnw.lNiF and "list. IIt. If nominal by OMB Cimuler A -9b this APC! -inion ems submamd, panuant to in. No re- T.cpone. data in this Ora DdltWwhoDlieeow am I sunuchma sense.. Is aPprapnM clan4houan and all maponsa are attach.E: syonM e:[.uAed THE true and mnacl, the ddawent na bow APPLICANT duly authwitd by Na Eonrnine wdY do n ❑ State (1) .At ate Cle$ringhou SE W CERTIFIES Me .ppliunt and N. aallunl 1111 awpis THAT►I wlto in- -uhd aawenca it we a«d- R1 P.er-ional Clearinghouse Q Elono n ePpravW. (3) LJ ❑ g 23 a. TYPED NAME AND TITLE i. SIGNATURE c DATE SIiAED CERTIFYING'_ .. REPRE- Dr i,no:Y T iellon, State �+� 117�i�;.-1 Yes, month day I '.T,La 1978. 1 SENTATIYE }Tic• i r Ta-�+Jon Of'fi - - 27. AGENCY NAME 25. APPLICA- Yeo. s.wnth dcy DEPARTMENT OF THE INTERIOR TiON RECEIVED 1978-12-26 26. ORGANIZATIONAL UNIT HERLIAGE 27. ADMINISTRATIVE OFFICE 28. FEDERAL APPLICATION CONSERVATION AND RECREATION SERV. ADMINISTRATION DIVISION IDENTUIC.AnDN 29. ADDRESS 30, FEDERAL GRANT WASHINGTON, D. C. 20243 IOLNLtKAI.JN -- nc,=uaLu - ]l. ACTION TAKEN ! 32. FUNDING Y.., month day 34, 1 par nw,th reap 13a. AWARDED s. FEDEPAL I S 20,000 .00 33. ACTION DATE ► 19,17 -CI Al V iij, nG _STAR 19 79-01-(11 m ❑0. REJECTED b. APPLIpVO '0,000 .O0 35. CONTACT FOR ADD!T. JNAL Ira OkM R- I' Prov .n,tl. doy - TION 16ame ave F...:n..ne n.me.n [u01NG ❑ & RETURNED FOR IE r. STATE .00 I;n I F. 19 N11-Ot1 _ i(1 - AMENDMENT y, IOGLL -00 Stephen D. Ni•witl:ltl 31. RLetAR1.S AUDLD ❑ it. DEFERRED ., OTMER .DO 202-343-4941 & WITHDRAWN t. TOTAL ] 40 (1(1(1 00 _ ❑ Yu _1{�rlo ❑ _------ 28. a. M tea;N ebne.men, wy semmwn rauM Ines nanneneuae wen n. b. ILJI NAt ACLNCY A_9b 011HAAL t.dnd. 11 a: a,r ,upon.. 4 don wen ymw,.'w. w an 1, Uhte GnWan A-.), lNa,ne e,.I leleyhune f,r.l FEDERAL AGENCY a 4. been n R. wens sinus. SAME. AS itt5 AAS ACTION 7 STANDARD FORM 421 PAGE I (IC e. CSA. !'Minae Yeaugae,ent l:.raldar 0 0 SECTION IV—REMARKS (Please reference the proper item number from Sections 1,11 or III, if applicable) 7. the General Fun•l of the, City of San Juan Capistrano. The FraatF:e re,ucsts annroval of prc—a,�rccment costs for architr,t,Jr;l 'I•l-i archcolo- ical work. Ti:c startinC date for this work was F( -L, -r,,, r-- 1 1;, '`% INT, 4070-70 STANDAh .,ORM 424 PAGE 2 (10-75) CONTRACT NUMBER DPR 526 (6/73) State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION CERTIFICATION OF FUNDING FUND Notional Park Service UNENCUMBERED BALANCE I ITEM I CHAPTER ADJ. INCREASING ENCUM- BRANCE ADJ. DECREASING BRANCE 1 Hereby Certify upon my own personal knowledge that budgeted fundsI T.B.A. NUMBER I B.R. NUMBER are available for this encumbrance. I 2 31 4 5 6 7 8 if 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 State of California — The Resources Agency ARTMENT OF PARKS AND RECREATION PROT AGREEMENT -- LOCAL PARTICIPAN• Historic Preservation Grants -in -Aid Funds Project Title: Parra Adobe — Project No. _ Participant: City of Jan Juan Capistrano Project Period: 1/1/79 - 4 - Project Scope: The stabilization and partial rehabilitation of the Parra Adobe, to include the following work items, which will be done according to the Secretary of the Interior's Standards for Historic Rehabilitation and to working drawings and bid documents approved by the Office of Historic Preservation and Heritage Conservation and Recreation Service: 1. Drainage and site work 2. electrical work (install new lighting system) 3. Structural work (reinforce walls) 4. Roof repair 5. Repair or replacement of windows and doors 6. Archeological research 7. Architectural work (structural studies, drawings, specifications) Project Cost: Total Estimated Direct Project Cost (as shown in Project Proposal) $ Total Project Costs Eligible for Federal Funding $ 401000.00 Federal Grant Funds -- 50% of actual eligible costs $ 20,000.00 The attached contract terms consisting of 18 pages are made a part of and incorporated into this agreement. STATE DEPARTMENT OF PARKS AND RECREATION State Historic Preservation Officer Date DPR 138A (Rev. 6/78) _ l Date Capistrano .�_7L--- Q i We // City Manager at r I 1 CONTRACT TERMS i 2 3 The State Historic Preservation Officer for the Historic Preservation. 4 ! Grants -in -Aid Fund and the Participant mutually agree to perform this �I 5 agreement in accordance with the National Historic Preservation Act of 1966. 6 7 The State of California hereby promises, in consideration of the 8 promises made by the Participant herein, to accept appropriated Federal Funds 9 for the purposes of the Project and disburse the same to reimburse the I 10 Participant. The maximum amount of the reimbursement is the amount of 11 "Federal Grant Funds" stated in the Project Cost section on page one of this 12 agreement. Reimbursement will be made only for actual cash expenditures. 13 Donated goods or services may be used only to meet the Participant's matching 14 I contribution requirement, and will not qualify as an actual cash expenditure. 15 It is understood by the parties hereto that this agreement shall not obligate 16 State of California funds for the Project costs described herein. The 17 Participant hereby promises, in consideration of the promises made by the 18 State Historic Preservation Officer herein, to execute the Project described 19 herein, in accordance with the terms of this agreement. Any disbursement 20 hereunder shall not be made unless and until funds therefore are received by 21 the State Historic Preservation Officer from the Heritage Conservation and 22 Recreation Service. 23 24 The following special Project terms and conditions were added to this 25 agreement before it was signed by the parties hereto and any deviations from 26 or changes in the Project shall be accomplished only through written consent 27 of the parties concerned: UFT PAPER TC OF GL Vonrv4 113 in[v. J9_ 2 oat II 1 A 2 3 4 5 6 7 8 9 10 DEFINITIONS 1. The term "HCRS" as used herein means Heritage Conservation and Recreation Service, United States Department of the Interior. 2. The term "Keeper" as used herein means the Keeper of the National Register of Historic Places, or any representative lawfully delegated the authority to act for the Keeper. 3. The term "SHPO" as used herein means the person designated by the 11 ii Governor as the State Historic Preservation Officer. 12 13 11 4. The term "Guide" as used herein means "Procedural Guide for Grant 14 h Applications Under the National Historic Preservation Act of 1966" used by the i 15 State Office of Historic Preservation and in effect at the start of the I• 16 ;; project period. 17' 18 19 20 21 5. The term "Project" as used herein means the project or project phase which is the subject of this agreement during the time period set forth as the "Project Period" on page one of this agreement. 22 6. The term "Project Proposal" as used herein means the documents used ;A 23 to describe and estimate the cost of a planning, acquisition, or development 24 project filed with the SHPO in Support of an application for federal financial 25 assistance. 26 27 7. The term "State" as used herein means the State of California and/or 28 its official representative, the Office of Historic Preservation. COURTPAPER 'T1 T[OI , .l 1. To U] nV. v nvi ,� 3 of. I • 1 8. The terra "Participant" as used herein shall mean the recipient of the 2 federal funds to be disbursed in accordance with the terms of this agreement. 3 4 5 6 7 [J 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I' 27 COURT PAPER 'TO for .R" V.72 . , $TO. IIJ ,wEV O�T4 9. The term "Federal Funds" as used herein means those monies made available by the United States of America as matching money for projects under the National Historic Preservation Act of 1966, Public Law 89-665, 80 Stat. 915 (1966). B. PROJECT EXECUTION 1. The Participant shall at no cost to the State execute, complete, operate and maintain the approved Project in accordance with the Guide, the Project Proposal, and approved plans and specifications applicable, which documents are to be filed with the office of the State Historic Preservation Officer and made a part hereof. Failure to render satisfactory progress or to complete this or any other project which is the subject of Federal assistance under this program to the satisfaction of the SHPO may be cause for the suspension of all obligations of the United States and the State under this agreement. 2. The Participant shall indemnify the State of California and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project. 4 1 3. In the event of default by the Participant which default is not cured 2 by the Participant within thirty (30) days after receipt of written notice 3 from the SHPO, the State may in addition to any other remedies take possession 4 of the Project and construct, operate or maintain the Project as the State may 5 deem necessary to fulfill requirements of the Federal Government, and the 6 Participant agrees to reimburse the State for any costs or expenses incurred 7 by the State thereby. 8 i 9 4. The Participant shall secure completion of the work in accordance 10 with the approved construction plans and specifications, and shall secure 11 compliance with all applicable Federal, State and local laws and regulations. 12 13 14 15 16 17 18 19 20 21 I I 5. The Participant shall permit periodic site visits by the SHPO and/or Keeper to ensure work progress in accordance with the approved Project, i including a final inspection upon Project completion. 6. In the event funds should not be available for future stages of the Project, the Participant shall bring the Project to a point of usefulness agreed upon by the State and HCRS. , 7. All deviations from the Project proposal shall be submitted to the 22 SHPO prior to approval. 23 24 8. The acquisition cost of real property shall be based upon the 25 appraisal of a competent appraiser. The reports of such appraisers shall be i� 26 available for inspection by the SHPO upon request. 27 -�- COURT PAPER !TATE Cw 11IORXI.R STO 1I13 .El evv aV 5 9. Development plans and specifications shall be available for review by 2 „ the SHPO upon request. R 4 jl 10. If any tract or parcel of, or interest in, real property subject to 5 being purchased under the provisions of this agreement, but not identified 6 i. herein, is found by the SHPO for any reason not to be suitable for Federal i 7 I', assistance, all obligations of the United States hereunder shall cease as to Ij g such parcel, tract or interest. 9 10 i! 11. There shall be erected at the project site a sign that provides the 11 b information noted below: 12 ii 13 (a) Name of project. 14 t it i 15 (b) Name of the California Office of Historic Preservation. 16 17 Ij (c) Nature of Federal assistance outlined substantially as follows: 18 lji "(Acquisition) (Restoration) (or other term) of this property, 19 I which is listed in the National Register of Historic Places, has 20 been funded with the assistance of a matching grant from the 21 ii Department of the Interior, Heritage Conservation and Recreation 22Service, i under the provisions of the National Historic 23 i ) Preservation Act of 1966." 24 --- 1 25 --- 26 --- 27 --- I COURT PAPER 614Ti of c.ul... 1• $TO 113 n x.0a i 6 c.. I� I 1 C. PROJECT COSTS i' 2 3 Disallowances, The Participant agrees to make immediate monetary resti- 4 tution of any advanced funds for any disallowances of costs or expenditures or 5 ;i unauthorized activities which are disclosed through audit or inspection by g representatives of the SHPO or the HCRS. �i • 7 Project costs eligible for assistance shall be determined upon the 8 basis of the criteria set forth in the Federal Management Circular 74-4 and 9 the Guide. 10 ii 11 '!D. PROJECT ADMINISTRATION 12 13 14 15 16 17 18 19 1. The Participant shall promptly submit such reports and in such form as the SHPO may request. i 2. No later than at the end of the project period, the Participant shall submit a completion report. The SHPO shall provide guidelines for the content of this report. 20 3• Property and facilities acquired or developed pursuant to this 21 agreement shall be available for inspection by the Keeper and the SHPO. .22 4 23 4. The Participant shall be held accountable for interest earned on ! i 24 grant-in-aid funds advance to it. Interest will be returned to the State. 25 26 5. Any moneys advanced to the Participant must be deposited in a bank 27 with FDIC insurance coverage and the balances exceeding the FDIC coverage must 1 28 'be collaterally secure, as provided for in 12 U.S.C. 265. COURT PAPER j sT+r[ +r vei+ STO. 11313 I�0.EV. B�t � ! 7 Oi. 1 E. PROJECT TER14INATION 2 ii 3 1. The Participant may upon written notice to the SHPO unilaterally 4 rescind this agreement at any time prior to the commencement of the Project. 5 The SHPO may upon written notice to the Participant unilaterally rescind this 6 agreement at any time prior to commencement of the Project. After Project 7 commencement, this agreement may be rescinded, modified, or amended only by g mutual agreement. A project shall be deemed commenced when the Participant g makes any expenditure or incurs any obligation with respect to the Project. 10 11 ii 2. Failure by the Participant to comply with the terms of this agreement 12 i or any similar agreement may be cause for the suspension of all obligation of i 13 j the United States or the State hereunder, 4 14 { i 15 1� 3• Failure by the Participant to comply with the terms of this agreement 16 ii shall not be cause for the suspension of all obligations of the United States i 17 �I or State hereunder if, in the judgment of the Keeper, such failure was due to lg t no fault of the Participant. In such case, any amount required to settle at lg i�'i minimum costs any irrevocable obligations properly incurred shall be eligible 20 I for assistance under this agreement. fi I 21 � 22 4. Because the benefit to be derived by the United States from the full 23 l compliance by the Participant with the terms of this agreement is the preser- 24 i j vation, protection, and the net'increase in the quantity and quality of public I 25 historic facilities and resources which are available to the people of the 26 i State and of the United States, and because such benefit exceeds to an 27 immeasurable and unascertainable extent the amount of money furnished by the { i, COURT PAPER STAT[ OF CALIVOPNIA STO 113 TREY y..I r i a ov I. 1 United States by way of assistance under the terms of this agreement, the 2 Participant agrees that payment by the Participant to the United States of an 3 amount equal to the amount of assistance extended under this agreement by the 4 United States would be inadequate compensation to the United States for any 5 breach by the Participant of this agreement. The Participant further agrees, 6 therefore, that the appropriate remedy in the event of a breach by the i 7 Participant of this agreement shall be the specific performance of this g agreement. 9 10 F. CONFLICT OF INTEREST 11 12 ;I 1. No official or employee of the State or Participant who is authorized 13 ;' in his official capacity to negotiate, make, accept, or approve, or to take I, I 14 part in such decisions regarding a contract or subcontract in connection with 15 this Project shall have any financial or other personal interest in any such 16 contract or subcontract. i 17 i 16 f! 2. No person performing services for the Participant in connection with i 19 ;this Project shall have a financial or other personal interest other than his 20 employment or retention by the Participant, in any contract or subcontract in y 21 :connection with this Project. No officer or employee of such person retained 22 by the Participant shall have any financial or other personal interest in any 23 'real property acquired for,this Project unless such interest is openly d 24 disclosed upon the public records of the Participant, and such officer, 25 employee or person has not participated in the acquisition for or on behalf of 26 the Participant. 27 ,I COUgT PAPER � STd[ ar Gu.onnN $To 113 af. (1 J 1 3. No member of or delegate to Congress shall be admitted to any share 2 or part of this agreement, or to any benefit to arise hereupon, unless such f� 3 it benefit shall be in the form on an agreement made with a corporation for its I 4 general benefit. 5 6 4. The participant shall be responsible for enforcing the above conflict 7 of interest provisions. 8 9 1; G. HATCH ACT 10 11 No officer or employee of the Participant whose principal employment 12 ii is in connection with any activity which is financed in whole or in part 13 pursuant to -chis agreement shall take part in any of the political activity 14 prescribed in the Hatch Political Activity Act, 5 U.S.C. 118 k, with the 15 exceptions therein enumerated. 16 17 H. RELOCATION ASSISTANCE 18 11 `I 19 i� The Participant shall comply with the provisions of the Uniform 20 i' Relocation Assistance and Real Property Acquisition Policies Act of 1970. 21 1 22 I. FINANCIAL RECORDS 23 24 I 1. The Participant shall familiarize himself with, and comply with, the 25 purpose and requirements of the Office of Management and Budget Circular A-102 II 28 and Federal Management Circular 74-4. 27 --- i� �I, COURTPAPER {T ATE OF CAIIFOf1N 1A $TO 113 iREV N�]2i Oar 4 ,I 10 I� 1 2. The Participant shall maintain satisfactory financial accounts, 2 documents, and records, and shall make them available to the State and/or HCRS 3 for auditing at reasonable times. Such accounts, documents, and records shall 4 be retained by the Participant for three years following project termination. 5 6 3. The Participant may use any generally accepted accounting system, 7 provided such system meets the minimum requirements set forth in the Guide. 8 9 J. USE OF FACILITIES 10 11 1. The Participant shall not at any time convey any interest in any .i 12 ' property acquired or developed under a grant without prior approval of the 13 HCRS and the SHPO. Similar approval must be secured for any proposed changes I 14 in the use or administration of assisted properties. 15 16 j; 2. The Participant shall maintain all property so as to appear 17 ii attractive and inviting to the public. Sanitation and sanitary facilities l 18 shall be maintained in accordance with applicable State and local public 19 ,I health standards. Properties shall be kept reasonably safe for public use. 20 "Fire prevention and similar activities shall be maintained at levels `I 21 reasonable to prevent loss of the lives of users. Participants shall be 22 responsible for the maintenance and administration of historic properties ii 23 acquired or developed with Federal assistance. All maintenance and operations i 24 !shall be in accordance with the standards set forth in the Guide. The I 25 ,Participant shall repair, maintain, and administer the premises so as to it 26 preserve the historical integrity of the features, materials, appearance, i 27 11workmanship and environment. COURT PAPER arwre ov ewu.oauu Sro. 113 iaEc evz11 I o[. 5 88-352 (1964), and of the regulations promulgated pursuant to such Act by the 6 Secretary of the Interior and contained in 43 CFR 17. 7 8 4. The Participant shall not discriminate against any person on the g basis of residence. i 10 I 11 K. ADDITIONAL LIMITATIONS AND REQUIREMENTS 12 j 13 ;i 1. No grant may be taken for or on account of any project made under the n 14 1 National Historic Preservation Act of 1966 (89-665) to which financial I. 15 assistance has been given or promised under any other federal program unless �I I 16 that program has been specifically exempt from this provision by the United i 17 ij States Congress. No financial assistance may be given under any other federal i8 ii program or activity for or on account of any project given or promised ig assistance under the National Historic Preservation Act unless that federal 20 II program has been specifically exempt from this provision by the United States 21 ',. Congress. 22 23 2. The Beneficiary of Assistance under the National Historic 24 Preservation Act shall keep such records as the State Historic Preservation 25 Officer shall prescribe, including records which fully disclose the 26 disposition by the beneficiary of the proceeds of such assistance, the total 27 iloost of the project or undertaking in connection with which such assistance is COURT PAPER , STATE Of CALIFORNIA 51. 113 trt£V OST 21 '� 12 Ol! I� U 1 3. The Participant shall not discriminate against any person on the 2 basis of race, color, sex, age, or national origin in the use of any property 3 or facility acquired or developed pursuant to this agreement, and shall comply 4 with the terms and intent of Title VI of the Civil Rights Act of 1964, P. L. 5 88-352 (1964), and of the regulations promulgated pursuant to such Act by the 6 Secretary of the Interior and contained in 43 CFR 17. 7 8 4. The Participant shall not discriminate against any person on the g basis of residence. i 10 I 11 K. ADDITIONAL LIMITATIONS AND REQUIREMENTS 12 j 13 ;i 1. No grant may be taken for or on account of any project made under the n 14 1 National Historic Preservation Act of 1966 (89-665) to which financial I. 15 assistance has been given or promised under any other federal program unless �I I 16 that program has been specifically exempt from this provision by the United i 17 ij States Congress. No financial assistance may be given under any other federal i8 ii program or activity for or on account of any project given or promised ig assistance under the National Historic Preservation Act unless that federal 20 II program has been specifically exempt from this provision by the United States 21 ',. Congress. 22 23 2. The Beneficiary of Assistance under the National Historic 24 Preservation Act shall keep such records as the State Historic Preservation 25 Officer shall prescribe, including records which fully disclose the 26 disposition by the beneficiary of the proceeds of such assistance, the total 27 iloost of the project or undertaking in connection with which such assistance is COURT PAPER , STATE Of CALIFORNIA 51. 113 trt£V OST 21 '� 12 Ol! I� U given or used, and the amount and nature of that portion of the cost of the 2 project or undertaking supplied by other sources, and such other records as 3 li will facilitate an effective audit. 4 5 3. Work completed prior to or after the project period will not be 6 funded under the act unless it is approved by both the SHPO and the HCRS. 7 8 4. Reasonable nondiscriminatory admission fees that will not discourage 9 visitation and that compare with fees charged at comparable facilities in the 10 f area may be collected at properties which have received a grant under the 11 National Historic Preservation Act. 12 13 5. The Patricipant's responsibility to maintain and administer a 14 historic property acquired or developed under this agreement shall be limited 15 to a specific period dependent upon the amount of federal assistance provided 16 as follows: 17 18 (a) Federal assistance of up to $20,000: 5 years 19 (b) Federal assistance of $20,001 to $50,000: 10 years 20 (c) Federal assistance of $50,001 to $100,000: 15 years 21 (d) Federal assistance of over $100,000: 20 years .22 23 I 24 II 25 26 27 COURT PAPER 13 STeis Cnu sonvu $TO I I3 iNEV O.]1i O.� 1 M. BILLING 2 3 1. Payment by the State shall be made quarterly upon receipt of a 4 ii billing statement (DPR form 583) in triplicate sent to: f 5 6 Office of Historic Preservation 7 Department of Parks and Recreation i 8 P. 0. Box 2390 9 ! Sacramento, California 95811 10 11 2. Participant shall submit a final billing statement no later than at 12 the end of the project period. � 13 I 14 �II N. FEDERAL CONTRACT COMPLIANCE 15 u it 16 !' Ij Construction contracted for by'the Participant shall meet I the 17 1 following requirements: 18 19 (a) Contracts for construction in excess of $10,000 shall l be awarded 20 through a process of competitive bidding. Copies of all bids and a is copy of 21 the contract shall be retained for inspection by the SHPO. I 22 23 (b) The Participant shall inform all bidders on contracts � for 24 construction in excess of $10,000 that Federal Funds are being used to assist 25 in construction. I I 26 27 I --- COURT PAPER - TCALK OPNIA I rI . 113 ucv enz '. 1� Y Oar 1 (c) Written change orders to contracts for construction in excess of 2 ; $10,000 shall be issued for all necessary changes in the facility. Such 3 orders shall be made a part of the project files and shall be kept available 4 i' for audit. 5 6 (d) The Participant agrees to comply with the Civil Rights Act of 7 1964 and Executive Order No. 11246 and shall incorporate, or cause to be i` 8 incorporated, into all construction contracts the following provisions: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Ii --- COURT PAPER STATE OF CALIfaA"A STD 113 , EV B'>31 OSS "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, religion, sex, age, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employement without regard I to their race, creed, color, religion, sex, age, or national i origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruit- ment advertixing; layoff or termination; rates of pay or other forms of compensation; and selection for training, including i apprenticeship. The contractor agrees to post in conspicuous places, available'to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 15 I 1 11(2) The contractor will, in all solicitations or advertisements 2 for employees placed by or on behalf of the contractor, state 3 that all qualified applicants will receive consideration for 4 employment without regard to race, creed, color, religion, sex, 5 age, or national origin. 6 7 8 9 10 11 12 til 13 !i 14 i 15 i. 16 1� 17 18 19 20 21 22 23 24 J 25 26 1 27 P COURT PAPER 9TATG OF CA1ISORYI- STI 113 1 C 9 12 O9• "(3) The contractor will send to each labor union or represen- tative of workers with which he has a collective bargaining agreement cr other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 2965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, 1 records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 16 1 11(6) In the event of the contractor's noncompliance with the 2 nondiscrimination clauses of this contract or with any of such 3 rules, regulations, or orders, this contract may be canceled, i'. 4 terminated, or suspended in whole or in part and the contractor 5 I' may be declared ineligible for further Government contracts in 6 accordance with procedures authorized in Executive Order No. 7 11246 of September 24, 1965, and such other sanctions may be g imposed and remedies invoked as provided in Executive Order No. 9 11246 of September 24, 1965, or by rule, regulation or order of 10 the Secretary of Labor, or as otherwise provide by law. 11 I 12 `i "(7) The contractor will include the provisions of Paragraphs 13 (1) through (7) in every subcontract or purchase order unless 14 f �I exempted by rules, regulations, or orders of the Secretary of 15 Labor issued pursuant to Section 204 of Executive Order No. 16 '.i 11246 of September 24, 2965, so that such provusions will be 17 i! binding upon each subcontractor or vendor. The contractor will 18 i take such action with respect to any subcontract or purchase 19 order as the contracting agency may direct as a means of 20 enforcing such provisions, including sanctions for 21 noncompliance: Provided, however, That, in the event the 22 contractor becomes involved in, or is threatened with, 23 litigation with a subcontractor or vendor as a result of such 24 i direction by the contracting agency, the contractor may request 25 " the United States to enter into such litigation to protect the 26 interests of the United States." 27 j; --- COURT PAPER - S,I. E *P C..111O.RIM1 Sio 113 :REV e.n: oar 17 1 2 3 4 5 6 7 8 0 (e) The Participant shall - (1) comply with the above provisions in construction work carried out by itself; (2) assist and cooperate actively with the SHPO in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules, regulations, and relevant orders of the Secretary of Labor; i (3) obtain and furnish to the SHPO such information as they may require for the supervision of such compliance; (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations and orders; (5) carry out sanctions and penalties for violation of such 18 ! obligations imposed upon contractors and subcontractors by the 19 i' Secretary of Labor or the HCRS pursuant to Part II, Subpart D, 20 �i of Executive Order No. 11246 of September 24, 1965; and 21 22 (6) refrain from entering into any contract with a contractor 23 debarred from Government contracts under Part II, Subpart D, of 24 Executive Order No. 11246 of September 24, 1965. 25 --- 26 --- 27 II --- COURTPAPER� STATE OF CALIFOPNIA STo 113 iR 2-721 'P -6213A O1P CONTRACT TERMS - PERM 18 • 1 II 0. •CONTRACT AM, 1• T E 3 I This contract may be amended, modified, or rescinded only by an 4 agreement in writing. 5 6 P, CONTRACT EXECUTION 7 This contract is executed in counterparts, each of which shall be 8 deemed a duplicate original. 9 .—. 10 II 21 II — 22 23 I -- 24 25 26 27 it -- .URT PAPER .TC oe e.uroesiw �I V � » AEV BT1i Ot. II It T✓ CITY COUNCIL KENNETH E. FRIESS, MAYOR GARY HAUSDORFER JAMES THORPE ' PHILLIP SCHWART7E LAWRENCE 13UCIIHEIPI W. D. MURPHY ' DI'RECTOR OF PUD.LIC WORKS - CITY ENGINEER 1979 11 1 CITY OF SAN JUAN CAPISTRANO 0lZhNGE COUNTY ISTATE OF CALIFORNIA SPECII='ICAT1.ONS, SPECIAL PPOVISIONS, AND CO <'IRACT DOCUPIEFTS FOR REHAI3ILI`I'.MPTON FOR ADAPTIVE UTSE 'I OL' THE PARKA ADOBE ' Prepared by MELVYN GREEN & ASSOCIATES, INC. :t CITY COUNCIL KENNETH E. FRIESS, MAYOR GARY HAUSDORFER JAMES THORPE ' PHILLIP SCHWART7E LAWRENCE 13UCIIHEIPI W. D. MURPHY ' DI'RECTOR OF PUD.LIC WORKS - CITY ENGINEER 1979 11 1 TALOLE OF CONTENTS I. CONTRACT DOCUMENTS (White) Notice Inviting Bids ......................... 1 BidProposal ................................ 4 Non -collusion Affidavit ..................... 7, Designation of Sub -Contractors .............. 8 Instruction to Bidders ...................... 9 Contract .................................... 15 BidBond .................................... 18 Faithful Performance Bond ................... 19 Labor and Material Bond ..................... 20 Affirmative Action Documents ................ 21A II. GENERAL PROVISIONS (Yellow) ................. 22 III. SPECIAL PROVISIONS FOR THE PARRA ADOBE (White) .... 63 I I INSTRUCTION TO BIDDERS ' Securing Documents Plans, specifications and other contract documents will be ' available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." Examination of Plans, Specifications and Site of Work ' The bidder is required to examine the site of work,'the proposal, the plans and the specifications very carefully. He ' shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work, show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are 1 actually existent, nor shall the City or any•of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents ' If any bidder should find discrepancies in, or omission from, the drawings, specifications or other proposed contract ' documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a re- quest shall be responsible for its prompt delivery. - In the event that the Engineer receives such a request and it should be found that certain essential information is not ' clearly and fully set forth, or i° the Engineer discovers errors, CF's 19 I, 1 • I I I I 1 omissions, or points requirin.- clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all. addenda to the contract documents shall be considered in -the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corpoz•ation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. -10- The bidder agrees that, in ease of his refusal or failure to execute said contract and give bonds within the time required by these -documents, such check or bond, and the money re- presented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of 1 ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. -11- B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be ' done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic • proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his ' experience, financial responsiblity, technical ability, equip- ment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- visions of.the specifications. F. Each bidder must accompany his bid with either a cashier's ' check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond 1 • payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in ease of his refusal or failure to execute said contract and give bonds within the time required by these -documents, such check or bond, and the money re- presented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of 1 ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. -11- ' • All persons,firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code ' of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt of bids. Opening of Bid proposals • The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting ' Bids." Bidders or their authorized representatives are invited to be present. ' Award of Contract or Rejection of Bids INo bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The con- tract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City, however, reserves the right to reject any or all bids and to waive any nonconformity in the bids received. 1 -12- G. Bids shall be delivered, to the City at the location stipulated, on or before the day and hour set for the.openi.ng of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids ' shall be enclosed in a sealed envelope bearing the title of the work and the name of the bidder. ' Licensing of Contractor ' • All persons,firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code ' of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt of bids. Opening of Bid proposals • The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting ' Bids." Bidders or their authorized representatives are invited to be present. ' Award of Contract or Rejection of Bids INo bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The con- tract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City, however, reserves the right to reject any or all bids and to waive any nonconformity in the bids received. 1 -12- The bidder to whom the award is made shall execute a written ' contract with the City and furnish the stipulated bonds and bid breakdown within fifteen (15) days after the notice of award of ' contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated, shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the ,• contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corpora- tion to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do SO. ' Bonds �• The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than .one hundred percent (1007o) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of California. and be on the accredited list of the United States Treasury. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted until completion. A time limit of -1�- I 1• 1 • I 1 I (90) calendar days from the -date of execution of the contract has been set for completion of the work. The Bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by .the Contractor., will be recognized by the awarding authori£y unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all prgvisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids." Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -14- i I 1 AFFIRMATIVE ACTION DOCUMENTS Compliance with affirmative action requirements is necessary for projects which exceed $10,000 and are partially funded by Federal. sources. The Parra Adobe restoration, located at 27832 Ortega Highway, San Juan Capistrano, will in part be funded by Historic Preservation Act funds (Project #06-09471) and by the City of San Juan Capistrano. The project includes structural reinforcement, repair of windows; and doors, drainage and site work, installation of a new lighting system, and roof repair, all in accordance with the Secretary of the Interior's guidelines. During the performance of this contract, the contractor agrees as follows: 1) The contractor will not discrimate against any employee or applicant for employment because of race, ' creed, color, religion, sex, age, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, religion, sex, age, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or adver- tisements for employees placed by or on behalf of the ' contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, age, or national origin; 3) The contractor will send to each labor union or representative of workers with which he has a collective ' bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' repre- sentative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicious places available to employees and applicants for employment. 1 1 21 a ' 4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive order No. 11246 of ' September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. ' 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with proce- dures authorized in Executive Order No. 11246 of Sept- ember 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. ' 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. '• 7) The contractor will include the provisions of Para- graphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcon- tractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided; however, that, in the event the contractor ec��involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direc- tion by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ' The following forms must be used to comply with affirmative action requirements. Some forms apply only to firms with 50 or more employees. The City of San Juan Capistrano will pro- vide guidance and assistance in submission of applicable forms at their required time. I 21 b FORMS DPR 356 — Monthly Manpower Utilization Report DPR 540 — Certification with Regard to the Filing of Required Reports in Previous Contracts or Subcontracts DPR 541 — Preconstruction Report on Contractors DPR 542 — Certification of Nonsegregated Facilities ' DPR 543 — Work Force Report DPR 545 — Subcontractors' Certification of Implementation of Area Plan 1 ' 21 c State of California -- The Resources Agency NAM17E f fi 'AfITMMI OP MIMS AND RVCHEATION N1 HHLY h1ANPOVdER UTILIZATION REPORT ti POfiJ PERIOD MO YS PFIOJLCT NOMUER %JOU COMP. L ft :NAME & ADDRESS OF PRIM[ CONI'HAGTOH NP.F?E AND LOCATION OF COMPLIANCE": AGENCY This report is required by Executive Order 11246, Section 203, failore to report can result in Sanctions which include stl5- pension, termination, cancellations, or debarment of contract. SL HT IN(,' COMPANY'S NAME – ADDHLSS EST. COMPLF`TION UATE OF PROJC CT _ TO.BLE A TOTAL HANHOURS FOR PROJECT — 1TRADE 1. At) Rs—•— E tPMENT U RATOFIS TRUCK DRIVEIxs __ 23n ` a U 4 MANNDURS OF EMPLOYMENT v pc4 � A fr TOTAL NO Or MIND RITY EMPLOYEES 7 TOI AL NO OF ' EMPLCY'E5 A. A. TOTAL B. BLACK C. O. AMER. INOIIN _ F. ASIAN f, fI VIP IHO MF11 AIL 1 MALE FLM MALE FE MLLC FL M. LE FEM. LI ALE VCM. MAtI, FEM HALF J f11.1 OMENSMAIN T no �� C 1 IYIORKCRS J CARP EN I'E'Rs MEMME C ENI MA50NS J WM ELECTRICIANS _J l e I A J J A �— .7 — — TABLE R TOTAL MANHOURS In PLAN AREA (INCLUDING THIS CONTRACT) F1ED DY A E OR PEP RC ---- ATE OMENSMAIN C MEMME WM F1ED DY A E OR PEP RC ---- ATE I INSTRUCTIONS FOR FILING MANPOWER UTILIZATION REPORT Reports must be submitted each month by the prime contractor and each subcontractor having contracts exceeding $10,000. Federal Hometown Plan Projects — A report on both Tables A and 8 is required to be submitted by every primo and subcontractor every month. It no work is performed, a negative report must be submitter) by both the prime and the subcontractor. contractors not meeting plan goals on Table 8 must submit explanation below stating re. sons for this failure. Reporting period — Shall be a one-month period from the 15th of one month to the 1511, of the next month. (Adjust to conform with payroll period). Completed Form DPR 356 and explanation (if applicable) must be submitted to the Compliance Agency (local jurisdiction) by the 5th of the n'.onth following the reporting period. ' The reports arc to be signed by a responsible official of the company and shall include the total man-hours worked for each employee level in each designated trade for the entire reporting period. INSTRUCTIO DIS POR COMPLETING FRONT SIDE OF FORM CPR 356— ---- Project Number . . . . . . . . . . . . . . . . . . The number assigned to the project by the I, coral funding agency. %Completed . . . . . . . . . . . . . . . . . . . . Percent of work completed at the end of the reporting period. Compliance A gency . . . . . . . . . . . . . . . . . The local jurisdiction with whom the prime contractor has a contract. Prime Contractor . . . . . . . . . Any conuaetor who has a construction contract with the U.S. Govoinment or ' Applicant (See O1 -CC Regs. 60 - 1.3). 1. Trade . . . . . . . . . . . . . . . . . . . . . If Craft not shown, write name of craft in blank spaces. 2. Part 1 . . . . . . . . . . . . . . . . . . . Use a check mark to indicate that the craft is Signa:ury under Part 1. 3. Class . . . . . . . . . . . . . . . . . . . . The level of accomplishment or status of the worker in the trade. (J - Journeyman, A ' • Apprentice, T - Tearnsters, 00 - Owner Operators). 4. Man hours of Employment The total number of hours worked by all employees in each classificarion; an,i r;o total number of hours worked by each minority group (Black, Spanish Suuunm, American Indian, Asian, and Pilipino) in each etassificraion, ' 5. Percent of minority roan -hours of total man-hours . . . . . . . . . . . . . . . . . The percentage of total minority man hours worked of all man-hours woil:ed. (Journeyman and Appmn;ice). 6. Total number of minority employees . . . . . . . . Number of minority employees working on job and plan area during reporting period by Journeyman, Apprentice, male and female. 1 Milli 7. Total number of employees . . . . . . . . . . . Number of all employees working on job and plan area during reporting period by Journeyman, Apprentice, male and female. Explanation for Failure to Meet Craft Goals in Hometown Plan Area Signature of Company Official District Comments Only I Signature 21 P I ' State of Cal ifoniia — The flesourres Agcncy DEPARTMENT OF PARKS AND RECRLAT ION ' CERTIFICATION WITH REGARD'TO THE FILING OF REQUIRED REPORTS IN PREVIOUS CON i RACTS OR SUBCONTRACTS The bidder , proposed subcontractor hereby certifies that he has ,has not_, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has.___, has not—, filed with the Joint Reporting Committee, the Director of the Office of Federal 10ntract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (Company) (T itle) 10 te: I ' NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and. subcontracts which are exempt from the ' equal opportunity clause are set forth in 41 CFR 60-1.5. {Generally only contracts or subcontracts of $10,000 or under are exempt.) r .' Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of con- tracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. ' 21 f ' DPR 540 (Rev. 2/77) State of California — The Resources Agency DEPARTMENT OF PARKS ?IUD RECREATION PRECONSTRUCTION REPCii"l ON CONTRACTORS Federally Assisted Projects ' Participant (local agency) Project Name Prime Contractor 1Wc1dress ILocation Where Wolk to be Performed and County Project Number Phone Number _( I. - Amount of Contract Estimated Date Work to Start _ Estimated Date of Completion _ 1. Has contractor held prior federal or federally assisted contracts during the last two years? YES If yes, answer a. through d. NO If no, skip to Item No. 2. (Attach extra sheet if additional space is needed.) ,0 a. rederal Agency or Grant Program b. Type of Work , C. Location of Work ' d- Amount of Contract 2. Has contractor been reviewed by federal, state, or local agency pursuant to Executive Order 11246 as amended, within the past two years? �I YES CI NO If Yes, by what agency? 3. Indicate names, addresses, phone numbers, trades and dollar amounts of identified subcontractors (Attach extra sheet if additional space is needed.) ' 4, Have any subcontractors held prior federal or federally assisted contracts during the last two years? ❑ YES If yes, answer a, through e. CI NO If no, skip to Item No. 5. , 21 y DPR 541 (Rev. 3/79) ' . ' 6. t❑ . (Attach extra sheet if additional space is needed) a, Subcontractor b. Federal Agency or Grant Program C. Type of Work , d, Location of Work e. Amount of Contract Is the construction site covered by hometown.sbecial bid conditions? nYES If yes, answer a. throughc. NO If no, skip'to Item No. 6. a. Is the contractor signatory to the plan? D YES n NO b. List any identified subcontractors signatory to the plan: (Attach extra sheet if additional space is needed). Revievved by: (Signature and Title. of Local Agency Representative) Date 1 _ NC. _ List the trades covered by the requirements: (Attach extra sheet if additional space is needed). 1 Prepared by: (Signature and title of Contractor's Representative) (E.E.O. Officer) Date Revievved by: (Signature and Title. of Local Agency Representative) Date 21 h 1 The federally assisted construction contractor certifies that he does not maintain or provide for his 14 employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities arc maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments,and that he will not permit his employees to perform their services at any location, under his control, v:here segregated facilities are maintained. The federally assisted ' construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing ' facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction. contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding ,$,10,000 which are not exempt hom the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE:The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Company: 11 Title: LJ I I l 1 21 i State of California -- The Resources Agency DEPARTMENT OF PARKS ANO RECREATION CERTIFICATION Or NON -SEGREGATED FACILITIES ' Federally Assisted Projects ' 1 The federally assisted construction contractor certifies that he does not maintain or provide for his 14 employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities arc maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments,and that he will not permit his employees to perform their services at any location, under his control, v:here segregated facilities are maintained. The federally assisted ' construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing ' facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction. contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding ,$,10,000 which are not exempt hom the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE:The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Company: 11 Title: LJ I I l 1 21 i State of California- The Resources Agency Approximate Peak ' DEPARINIEN I OF PARKS AND It[ CREATION Employment Date WORK FORCE REPORT For This Project Federally Assisiud Project —' �rticipant (Local Agency) _ Project Number Prime Contractor _ Address ©LE A I RADE Rs JIPMENT FI A TO VIS RS N V 'A .1 TOTAL LxISTINGPVOnf, FORCE TOTAL N0, OF M;NO AI TY IILIPLOYTES IIAL E� FEM TOTAL NO OF EMVLJYEES MALC A. SPAN. SURNAM 0. BLACK C.AMER. INDIAN D. ASIAN E.FILIPINO P.OTHER MINORIT 0, WHITE HALE FEM MALE FFM MALE FEF E=I. MALE FTM MALE FEAT, 1.1 ALE FEN. If ALE FFM. _ 4NWORAEits RP TEFts_-- MASONS J J A LG RLCIANS l TOTAL -.._ A 1 A _ - ._.1..�_ ..n TABLE D ANTICIPJ',7EU l;G pit FORCE i'O;i I'ROJ:3CT _ BC .1tF ENT J RATORs C RIVERS .e T 00 V� _ NWORK ERS J RP TERS A ENT MASONS J _c ICIANS A J _ -- J e J J A TOTAL SIGNATURE P+ TITLE OF CONVANY OFFICIAL DATE SIGNED TCL.. No. )EWEO IiY: ISignoture and T tile-of Local Agency liopr Dsemnliyo PIONATUNC 21 j DATC INSTRUCTIONS 1 Existing Work Force — Table A , ' For each job category enter the total number of workers (male and female) employed by ethnic identification and level of work — journeyman, apprentice (J, A). Include all employees of the bidding contractor employed within the State of California, regardless of whether they will be employed on the construction project for which the bid is submitted. Do not include employees of any anticipated subcontractors. Indicate the total numbers of each identified minority group in the bottom row. Indicate total minorities, total whites, and total employees in each job category in the appropriate columns. Anticipated Work Force — Table B For each job category enter the total number of workers (male and female) by ethnic identification and level of work — journeyman, apprentice (J, A). Include all employees that will be working on the project only; including those to be employed by any subcontractor. ' If there isn't enough blank spaces to cover all the job categories to be listed under Table A or B, use additional forms (D PR 543). Just indicate "continued" at the top of the form. If a job category other than journeyman or apprentice is to be listed, i.e., foreman, helper, cross out either J or A and use appropriate initial (F = foreman, H - helper). If you have another job category to use for a trade already printed on the form such as carpenter — foreman, relist carpenter in one of the blank spaces, and change the "J" to "P'. Indicate the total numbers of each identified minority group in the bottom row. Indicate total minorities, total whites, and total employees in each job category in the appropriate columns. Indicate the date that peak employ- ment is expected ,• 1 I 1 1 DPR 543 21 k �I NOTICE OF REQUIRLT1ENT FOR AFFIRMATIVE ACTION ;0 ENSURE EQUAL EIIPLOYi;EPIT 'OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Off.'eror's or Bidder's attention is called to the. "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for female participation, expressed in percentage workforce in each trade on all construction work are as follows: Coals and Timetable for Women Those goals are applicable to all the contractor's construction wort: (whether or not it is Federal or federally assisted) performed in the covered area. ' The Contractor's compliance with the Executive Order and the regulaticns in )al CFR Part 60--4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 4'1 CFR 60-4.3(a), and its efforts to meet the: goals established I48for the geographical area where the contract resulting from this solicitation is to be performed. The hours of female employment and training must be substantially uniform throughout the length of the contract, and in cacti trade, and the contractor shall make a good faith effort to employ women evenly on each -of its projects. The transfer of female employees or trainees from Contractor to Contractor, or from project to project for the sole purpose I of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. I L I I I 1 1 21 1 Coals Timetable Trade (in percentage) From April 1, 1978 until March 31, 1979 All 3.1 From April 1, 1979 until March 31, 1980 All 5.0, From April 1, 1980 until. March 31, 1981 All 6.9 Those goals are applicable to all the contractor's construction wort: (whether or not it is Federal or federally assisted) performed in the covered area. ' The Contractor's compliance with the Executive Order and the regulaticns in )al CFR Part 60--4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 4'1 CFR 60-4.3(a), and its efforts to meet the: goals established I48for the geographical area where the contract resulting from this solicitation is to be performed. The hours of female employment and training must be substantially uniform throughout the length of the contract, and in cacti trade, and the contractor shall make a good faith effort to employ women evenly on each -of its projects. The transfer of female employees or trainees from Contractor to Contractor, or from project to project for the sole purpose I of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. I L I I I 1 1 21 1 Section 1-2 C� 1.3 1-4 1-5 1-6 1-7 . .1-8 w 1-9 1-10 1-11 i., +ai 1 - GENERAL PROVISIONS INDEX Title DEFINITIONS AND TERMS PROPOSAL REQUIREMENTS AND CONDITIONS AWARD AND EXECUTION OF CONTRACT SCOPE OF WORK CONTROL OF THE WORK CONTROL OF MATERIALS LEGAL RELATIONS AND RESPONSIBILITIES PROSECUTION AND PROGRESS MEASUREMENT AND PAYMENT GUARANTY LABOR AND MATERIAL BOND -22- Page 23 27 30 32 34 39 41 GENERAL PROVISIONS 1-1 DEFINITIONS AND TEPP -IS Whenever the following terms or corresponding pronouns are used, either in these specifications or in any document or instrument, wherein these specifications govern, the intent and meaning thereof shall be.interpreted as follows: 1-1.01 Accepted Bid The proposal formally accepted by the City Council as the basis for award of contract. 1-1.02 Approved, Acceotable, Satisfactor These words shall mean approved by, acceptable to or satisfactory to the Engineer, unless otherwise expressly.stated. 1-1.03 Award of Contract The action taken by the City Council in formally accepting a bidder's proposal and awarding the contract. 1-1.04 Bid Bond The cash, check or bond accompanying the proposal submitted by the bidder asa guaranty that the bidder will, should the contract be awarded to him, enter into and execute a contract with the City for the performance of the work within fifteen (15) days after the agreement form is presented to him for signature. 1-1.05 Bidder An.individual, firm, partnership or corporation formally submitting a proposal to perform or execute the work, acting either directly or through an authorized representative. 1-1.06 City The City of San Juan Capistrano,, Orange County, California. 1-1.07 City Clerk The'City Clerk of the City of San Juan Capistrano, Orange County, California. -23- The list of estimated quantities of work to be performed and material to be furnished as shown on the plans and t in the proposal as a basis for the comparison of bids only. - -24- ' 1-1.O8 City Council The Council of the City of San .Tuan Capistrano, AM Orange County, California. 1-1.09 Contract ; ' The written agreement executed by the City and the Contractor, relative to the performance of the work �+ and the furnishing of the necessary labor, tools, equipment and materials in order to perform the work. '• 1-1.10 _Contract Bonds The security in the form of bonds furnished by the Contractor and his surety as a guaranty of good faith and ability to satisfactorily perform, execute and complete the work within the terms of the contract :9a and the payment by the Contractor of all obligations :s incurred in connection therewith. ° 1-1.11 Contractor The individual, partnership, firm or corporation, contracting with the City to perform or execute the work. i ' • 1-1.12 DayF Unless otherwise designated, days as used in the contract documents will be understood to mean consecutive calendar days. L 1-1.13 Detail Soecifications Supplemental or amendatory written direction, provisions; or recuirements that nodifv or amend the standard specifications as necessary to adequately cover �• " conditions or requirements peculiar to the City. 1-1.14 Engineer ' = The City Engineer of the City of San Juan Capistrano, Orange County, California, or his authorized represen- tative. 1-1.15 Engineer's Estimate The list of estimated quantities of work to be performed and material to be furnished as shown on the plans and t in the proposal as a basis for the comparison of bids only. - -24- Any provisions setting forth conditions or requirements • peculiar to the particular job and supplementing or modifying the standard specifications and the detail specifications. 1-1.21 Specifications The written directions and requirements governing the procedure to be followed in the performance and execu- tion of the work, the manner of such performance and the means to be employed, the quality of wor.ananship and results required, quality and type of materials to be used or furnished, the method for measurement of quantities of work and materials so performed or fur- nished and payments to be made therefor. Included shall be the General Provisions, Standard Specifications, Detail Specifications, and the Special Provisions. 1-1.22 Standard Specifications' The work embraced herein shall be done in accordance with the provisions of the Standard Specifications for Public Works Construction, 1976 --dition, prepared by the Southern California chapters of the American Public Works Association and Associated General Contractors of California (Building News, Inc., Los Angeles, California) insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and as provided herein. -25- 1-1.16 General Provisions Written direction, provisions or requirements of a general nature which are pertinent to the contract, plans and specifications. 1-1.17 Laboratory A laboratory approved and authorized by the Engineer to test materials used and work performed under the contract. �• 1-1.18 Plans The official plans, profiles, typical cross-sections, general cross-sections, working drawings and supple- mental drawings, or reproductions thereof, approved _ by the Engineer, which show the location, character, dimensions and details of the work to be performed. 1-1.19 Proposal. r The written offer of a bidder to perform or execute the work when submitted on the prescribed proposal form, properly signed and guaranteed. t 1-1.20 Snecial Provisions Any provisions setting forth conditions or requirements • peculiar to the particular job and supplementing or modifying the standard specifications and the detail specifications. 1-1.21 Specifications The written directions and requirements governing the procedure to be followed in the performance and execu- tion of the work, the manner of such performance and the means to be employed, the quality of wor.ananship and results required, quality and type of materials to be used or furnished, the method for measurement of quantities of work and materials so performed or fur- nished and payments to be made therefor. Included shall be the General Provisions, Standard Specifications, Detail Specifications, and the Special Provisions. 1-1.22 Standard Specifications' The work embraced herein shall be done in accordance with the provisions of the Standard Specifications for Public Works Construction, 1976 --dition, prepared by the Southern California chapters of the American Public Works Association and Associated General Contractors of California (Building News, Inc., Los Angeles, California) insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and as provided herein. -25- ' 1-1.23 Sub -Contractor 1 The individual., partnership, corporation, or other legal � ' entity duly licensed and entering into a contract with the Contractor to perform part of the work or supply the materials. ^t 1-1.24 Wort, .All work specified in the specifications or indicated • on the plans to be performed or executed. This shall include all alterations, amendments or extensions thereto made by written orders of the Engineer. Workdays shall be restricted to Monday through Friday , unless written request outlining substantial reasons for working on Saturdays, Sundays or contractural y holidays is submitted to the Engineer a minimum of twenty-four (24) hours in advance of the proposed ' non -contractual working day(s). If the work proposed is determined by the Engineer as being in the best interest of the City, the necessary inspection and survey services will be provided. If the reasons for such request are not deemed sufficient, the Engineer may authorize inspection and survey services', if available, and such services shall be billed _k ' • against the Contractor at the current premium rates for the personnel assigned•tothe project. Such services shall be paid to the nearest half-hour ! worked, subject to a minimum working period of four (4) hours. if h Emergency repairs and pre -storm protective installa- tions may be performed in project areas without written notice. 3 ' 1-1.25 Stannard Plans The "Standard Street and Highway Plans" of the Orange County Road Department, latest edition, have been - =� ' adopted by the City Council as the'standard plans for the City of San Juan Capistrano. -26- I ' 1-2 PROPOSAL REQUIREMENTS AND CONDITIONS 1-•2.01 Contents of Proposal Prospective bidders will•be furnished with proposal forms which will show the estimate of the various ' quantities and kinds of work to be performed or materials to be furnished, with a schedule of items for which bid prices are asked. All proposals must be made upon these forms. Each proposal must be '• accompanied by a Designation of Sub --Contractors form. and a Non -Collusion Affidavit properly executed by the bidder. Copies of these may be obtained. from the office of the City Clerk of the City Engineer. N• 1-2.02 Engineer's Estimate •, The Engineer"s estimate of the quantities of work to be done and materials to be furnished is as shown on the plans and in the proposal and is given as a basis for ;, the comparison of bids only. The City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any portion of the work, or to omit portions of the work, 1 as may be deemed necessary or advisable by the Engineer. • 1-2.03 Examination of Contract Documents and Site of Work ' The bidder shall examine carefully the site of the proposed work, the plans, specifications, proposal and all all other contract documents. The submission of a proposal shall be considered conclusive evidence that the bidder has investigated and is satisfied as to �s the conditions to be encountered in respect to the character, quality and quantities of work to be performed and materials to be furnished. - 1-2.04 Rejection of Proposals , ' Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative proposals not called for, modification of 1 specifications, erasures or irregularities of any may. kind. Proposals in which the prices are obviously unbalanced and those not presented on the authorized ' proposal forms may be rejected. The City Council may reject bids for any reason. -27- ' Any bid may be withdrawn at any time prior to the time fixed in the Legal Notice for the opening of bids only 3 by written request for the withdrawal of the bid filed = with the City Engineer or City Clerk. The request ' shall be executed by -the bidder or his duly authorized r representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. A bid will not be received after the time fixed in the Legal Notice for the opening of bids, nor may any bid be withdrawn after that.time. �3 1-2.07 Disqualification of Bidders More than one proposal from any bidder, or combination thereof, under the same or different names 1-2.05 Bid Bond considered unless alternative bids are called for. ' Reasonable grounds for believing that any combination thereof, is interested in more bidder, or than one Each proposal submitted under these specifications must be accompanied by cash, cashier's. check, certified check or satisfactory bidder's bond made 7i payable to the City of San Juan Capistrano in an amount not less than ten (10) percent of the total bid price of such proposal as a guaranty that the bidder, if his proposal be accepted, will enter into and execute the awarded contract within fifteen (15) days after the agreement form is delivered to him for a signature '• or within such further -ime as may be granted by.the City Council. Delivery shall be complete when a copy ' thereof is'delivered personally to the Contractor or his authorized agent or representative, or when a copy y thereof is placed in an enveloe addressed to said _tl Contractor at his last known address and deposited in the United States mail, at San Juan Capistrano, +q ;z California, with the postage thereon fully prepaid. No proposal will be accepted unless such cash, check or surety bond is enclosed therewith. Should any bidder to whom an award is made fail to properly enter into s3 and execute the awarded contract, the cash, check or bond submitted with his bid and proposal in the amount iy equal to the difference between the lowest bid and the lowest bidder who will execute a contract shall be forfeited to, and become the property of, the City. • p �� Following the execution of the contract, the bid bends shall be returned to the representative bidders. 1-2.06 Withdrawal of Proposals ' Any bid may be withdrawn at any time prior to the time fixed in the Legal Notice for the opening of bids only 3 by written request for the withdrawal of the bid filed = with the City Engineer or City Clerk. The request ' shall be executed by -the bidder or his duly authorized r representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. A bid will not be received after the time fixed in the Legal Notice for the opening of bids, nor may any bid be withdrawn after that.time. �3 1-2.07 Disqualification of Bidders More than one proposal from any bidder, or combination thereof, under the same or different names will not be considered unless alternative bids are called for. ' Reasonable grounds for believing that any combination thereof, is interested in more bidder, or than one 7i -28- .� i 11 e z' J al ,J J0 Izi ^29- 1 A proposal for the work will cause the rejection of all proposals in which such bidder, or combination thereof, is interested. A person, firm, or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub -proposal or quoting prices to other bidders. If there is reason to believe that collusion exists among bidders, none of the par- ticipants in such collusion will be considered in future proposals. 11 e z' J al ,J J0 Izi ^29- 1 A 1-3 AWARD AND EXECUTION OF CONTRACT ' 1-3.01 Award of Contract �J The award of the contract, if it be awarded, will be r. -el made to the lowest responsible and qualified bidder'; ' whose proposal complies with all the prescribed require- ments. Award will be based on any combination of low base bid and selected alternates. Such award, if made, • will be made within thirty (30) days after the opening of the proposals and the bidder shall hold his proposal open to the City for said thirty (30) day period. ' Until an award is made, the right will be reserved to reject any or all bids, and to waive technical errors v or discrepancies, if to do so is deemed to best serve the interest of the City. i ' All bids are to be computed on the basis of the given estimated quantities of work, as indicated in the ' proposal, multiplied by the unit prices as submitted by the bidders. In case of a discrepancy between the ' unit price and the extension thereof, the unit price shall prevail and the bids will be computed as indicated [ t.v above and compared on the basis of the corrected totals. ' • In selecting the lowest responsible bidder, consideration will be given to the bidder's financial standing, his general competency for the performance of the work ' covered by the proposal and the size of previous jobs satisfactorily completed by him. Bidders may be required to present satisfactory evidence that they ' have been regularly engaged in the business, or are reasonably familiar therewith, and that they are fully w prepared with the necessary capital, materials and machinery to complete the work to be contracted for, to the satisfaction o -f the City Council. Each bidder ' must be prepared to furnish, at the time oz opening bids, a certified copy of his financial statement. ' 1-3.02 Contract Bonds i The successful bidder will be required at the time of execution of the contract to furnish a Labor and Material Bond and a Faithful Performance Bond, each in an amount equal to one hundred (100) percent of the ' contract price. The forms of bonds required are enclosed herewith. Should any surety or sureties upon said bonds or any of them become insufficient, ' the Contractor shall renew said bond or bonds with good and sufficient sureties within ten (10) days after receiving notice from the Engineer that the surety or sureties are insufficient. Thereafter, no ' Failure to execute the contract and file acceptable bonds, as specified in Section 1-3.02, and insurance certificates, as specified in Section 1-7.02, shall be just cause for the annulment of the award and the forfeiture of the bid bonds. Transfers of contract, or of interest in contracts, are prohibited. 1-3.04 .Execution of Contract i The contract shall be signed by the successful • bidder and returned together with the required contract bonds and insurance certificates w9.tia.n fifteen (15) days after the agreement has been delivered to him for signature, as defined in Section 1-2.05. No proposal shall be considered binding upon the City until the execution of the ,. contract. 6 —31— payment shall be made upon such contract to the ' contractor, or any assignee of the contractor, until•such renewed bond or bonds have been furnished. 1-3.02 Bid Breakdown The successful bidder shall submit a tabulation # '• of his bid prior to award of the contract. This tabulation shall be used as the basis of contract adjustments in case of project modifications. � i 1-3.03 Failure t0 Execute Contract � Failure to execute the contract and file acceptable bonds, as specified in Section 1-3.02, and insurance certificates, as specified in Section 1-7.02, shall be just cause for the annulment of the award and the forfeiture of the bid bonds. Transfers of contract, or of interest in contracts, are prohibited. 1-3.04 .Execution of Contract i The contract shall be signed by the successful • bidder and returned together with the required contract bonds and insurance certificates w9.tia.n fifteen (15) days after the agreement has been delivered to him for signature, as defined in Section 1-2.05. No proposal shall be considered binding upon the City until the execution of the ,. contract. 6 —31— 1'-4 SCOPE OF WORK 1-4.01 Tntent of Plans and Specifications -q ' The intent of the plans and specifications is to j prescribe and provide for the complete and finished performance, in every respect, of the entire work ' or improvement indicated by the plans and specifications. The Contractor undertaking the execution of all or any J part of such work or improvement will be required to perform, construct and complete the same in a '• thorough, satisfactory and workmanlike manner in _9 accordance with the provisions of the plans and speci-fications therefor. Unless otherwise specified, the 3c Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work specified in the plans and specifications. t ' 1-4.02 Removal of Obstructions All.fences, buildings, unnecessary structures, pipe, `t trees, shrubs, debris, and other unclassified obstruc- tions or encumbrances. of any kind or. character encountered, and which if left in place would interfere ' with the proper performance, construction or completion iJ or the work, or would impair its subsequent intended % use, shall be removed by, and at the expense of the r ' • Contractor, unless otherwise provided by the specifi•- cations, plans or proposal form. However, with respect ? to any such obstruction or encu:Tbrance which is the property of the owner of a public utility or City fran- x ' chise, attention is directed to the provisions of the subsection hereof titled "Public Utilities." ' 1-4.03 Public Utilities Irp 5, j The Contractor shall advise the Engineer if, to ' ' satisfactorily complete the work, it becomes necessary to remove, relocate or protect any facility of any public utility or holder of City franchise, which was not shown on the plans or specified in the specifi- ' cations to be removed, relocated or protected by the Contractor. r ' If the cost of such work must be borne by the owner of the facilities, the Engineer will notify the owner to move such facilities within a specified time and the Contractor shall not interfere with same L If the cost of such work is not required to be borne by the owner of the facilities, the City shall bear ' all expenses therefor. It shall be understood that •-33- in such cases the City shall have the option of doing ' such work with its own forces or permitting, the work to be done by the Contractor. The right is reserved to the State, County or City and to owners of public utilities and franchises to _ enter at any time upon any street, alley, right-of-way or easement for the purpose of making changes in their ' property made necessary by the work, and for the purpose of maintaining and making repairs to their property. �• The Contractor shall receive no additional compensation for delays to the work or expenses incurred by reason of the failure of a public agency or the owner•of a public utility or franchise to move or relocate his property and under no circumstances w411 such delay _ or expense be considered as the basis of a claim against the City on the contract. 1-4.04 Chances The City reserves the right to make such alterations, deviations, increases or decreases, additions to or _ omissions from the plans and specifications as may be required by the Engineer and to require such extra work as may be determined by the Engineer to be necessary for the proper completion of the whole work contemplated. • Only when ordered or approved by the Engineer in writing may any such changes be made and the same shall in no way affect or invalidate the contract. The Engineer's ' written order will specify, in addition to the work to be done in connection with the change made, the adjustment -of contract time, if any, and the basis of compensation for such work. 1-4.05 Final Clean-Uo Upon completion and before making application for acceptance of the work, the Contractor shall clean the street, borrow pits and all ground occupied by him in connection with the work of all rubbish, excess materials, temporary structures and ecui:pment and all parts.of the work shall be left in a neat and presentable condition. •-33- ' 1-5 CONTROL OF THE VORIS 1 1-5.01 Authority of the Engineer ' The Engineer shall decide-all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; and questions as to ' the interpretation of the plans and specifications; and all questions as to the acceptable fulfillment of the 'Contract on the part of the Contractor. His decision shall be final and he shall have authority to enforce • and make effective such decisions and orders which the Contractor fails to carry out promptly. 1-5.02 Inspection of Work u!� The Engineer shall at all times have access to the work ' during its construction, and shall be furnished with all reasonable means and facilities for ascertaining the progress of the work and the workmanship and quality of materials used. All work performed and al' r� materials furnished shall be subject to his inspection 6� and approval. ' The inspection of the work shall not relieve the : Contractor of any of his obligations to fulfill the contract as prescribed. Defective work or materials a ' • shall be made good, and unsuitable material may be s rejected notwithstanding the fact that such defective work and unsuitable materials have been previcusly ., ' inspected by the Engineer and accepted. Wheneverlthe Contractor varies the period during which work is carried on each day, he shall give 24 hours ' advance notice to the Engineer so that proper l .inspection may be provided, any work done in the absence of the Engineer will be subject to rejection. ' Projects in which other public or private agencies-are involved or have an interest shall•be subject to ' inspection at all tines by their respective agents or representatives. ' 1-5.03 Interpretation of Pians and. Specifications Should it appear that the work to be done or any ' matter relative thereto is not sufficiently detailed or explained.in the plans, specifications and special provisions, the Contractor sha-1 apply to the Engineer for such further explanation as may be necessary ' and shall conform to such explanation or interpretation as part of the contract. -34- u. In the event of any discrepancy between any scaled r dimensions on the plans and the figures written there- on, the figures shall be taken as correct. Finished surfaces in all cases shall conform to the authorized lines, elevations, grades, cross-sections and dimensions. Deviations, other than specified tolerances, from the apbroved plans and working drawings, as may be required by the exigencies of con- struction, will in all cases be, determined by the Engi- 'neer and authorized in writing. -35- The specifications, plans, special provisions and all supplemental contract documents are essential parts 4� of the contract and a .requirement occurring in one • is as binding as though occurring in all. If there ` should be any inconsistencies in the above documents, the order of authority and control shall be as follows: 1. Special Provisions, 2. Detail Specifications, i' 3. Standard Specifications, 4. Plans, 5. Standard Details, and 6. General Provisions. w • the Engineer in writing of such discrepancy, error or 1-5.04 Supe=vision by Contractor x or specifications are at variance with any applicable ' The Contractor shall provide efficient supervision of the work at all times, and shall provide and keep on the work site at all times during its progress, a competent superintendent and any necessary assistants, all of whom shall be satisfactory to the Engineer. All instructions from the Engineer shall be given in writing to the superintendent and shall be as binding as if given to the Contractor in person. Finished surfaces in all cases shall conform to the authorized lines, elevations, grades, cross-sections and dimensions. Deviations, other than specified tolerances, from the apbroved plans and working drawings, as may be required by the exigencies of con- struction, will in all cases be, determined by the Engi- 'neer and authorized in writing. -35- 1-5.05 Errors or -Discrepancies Noted by Contractor_ If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between • the specifications and the plans, or between either ` of the above and the physical conditions at the site of the work, or•finds any error or omission in any of i' the plans or in any survey, he shall promptly notify the Engineer in writing of such discrepancy, error or Omission. If the Contractor observes that the plans or specifications are at variance with any applicable law, ordinance, regulation, order, or decree, he shall promptly notify the Engineer in writing of such conflict. The Engineer, on receipt of such notice, shall.promptly investigate the circumstances and give appropriate In- structions to the Contractor. until such instructions are given, any work done by the Cor.'tractor, whether directly or indirectly, after his discovery of such error, discrepancy, or conflict, will be at his own risk and he shall bear all costs arising therefrom. 1-5.06 Conformitv with Plans and Allowable Deviations Finished surfaces in all cases shall conform to the authorized lines, elevations, grades, cross-sections and dimensions. Deviations, other than specified tolerances, from the apbroved plans and working drawings, as may be required by the exigencies of con- struction, will in all cases be, determined by the Engi- 'neer and authorized in writing. -35- �•^ 1-5.07 Plans and Working Drawings The contract plans furnished show such details as may p ' be necessary to comprehensively indicate the work that is proposed and the results that are intended to be ' accomplished. The Contractor shall keep one set of.s' plans and specifications in good condition at the site ' of the work at all times. tq ,• All authorized alterations affecting the requirements and information given on the approved plans shall be �1 � in writing. No changes shall be made to any plan or drawing after the same has been approved by the 2ngi- } neer,. except by the written direction or approval of E' the gngineer.`' The contract plans shall be supplemented by such work-"i ' ing drawings as are necessary to control the work adequately. Such working drawings shall be supplied ' by and at the expense of the Contractor. Working drawings shall include, but not be limited to: anchor bolt layouts, shoo details, erection plans and 3.' ' bending diagrams for reinforcing steel, which shall be approved by the Engineer before any work involving a ' these plans is performed. Similar plans for cribbing," >� falsework., sheeting, forn work and certering may also ! '• be required of the Contractor, and if so, shall like- wise be subject to approval by the Engineer, but only insofar as the details thereof affect the quality of ' the finished work. Details of design will be left to the discretion of the Contractor who shall be respon- sible for the successful construction of the work. is that of the Contractor's it mutually agrees approval working drawings by the Engineer shall not relieve the 1 Contractor of any responsibility for accuracy of dimen- sions and details, or for mutual agreement of dimen- sions and details. The Contractor shall be responsible for agreement and conformity of his working drawings ' with the contract plans and specifications. The plans show conditions as they are believed by '. the Engineer to exist, but it is not intended or to ' be inferred that the conditions as shown thereon con- stitute a representation by the City or its officers , that such conditions are actually existent. Nor shall r ' the City or any of its officers be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual ' conditions revealed during the progress of the work, or otherwise. y ' -36- i.{( e1 1-5.08 Defective and Unauthorized Work' �.�All work which .is determined by the Engineer to be defective in its construction or deficient in any of the.requirements of the plans and specifications shall be remedied or removed and replaced by the Contractor at his expense in a manner acceptable to the Engineer. In the event that the original location of points, Any work done beyond the lines and grades shown on lines and grades proves impractical to maintain during the plans or established by the Engineer, or any " extra work done without written authorization will w�• Engineer, such relocation is necessitated by unantici- be considered as unauthorized work and will not be pated actual conditions, said points, lines and grades paid for. Upon order of the Engineer, unauthorized work shall be remedied, removed or replaced at the tion for relocation is made, the costs of such reloca- Contractor's expense. tions will be charged to the Contractor. The Contractor shall carefully preserve all re£erenca •�• Upon failure on the part of the Contractor to comply promptly with any order of the Engineer made under ' the provisions of this subsection, the City may cause venience. The Contractor may be charged for the cost the defective or unauthorized work to be remedied or T removed and replaced at•the expense of the Contractor. t, 1-5.09 Survey and Reference Points The Engineer shall establish all reference points and survey all lines and grades as he determines to be necessary for the execution of the work. Such sur- veys shall constiture instructions from the Engineer. The Contractor shall notify the Engineer in writing at least 24 hours in advance of his recuirements and shall not proceed with the work requiring such surveys. until all necessary points, lines and grades have been established. In the event that the original location of points, a lines and grades proves impractical to maintain during the course of the work, the Contractor shall request relocation of such points. If, in the opinion of the Engineer, such relocation is necessitated by unantici- pated actual conditions, said points, lines and grades shall be relocated at no cost to the Contractor. if, in the opinion of the Engineer, inadequate justifica- tion for relocation is made, the costs of such reloca- tions will be charged to the Contractor. The Contractor shall carefully preserve all re£erenca points, bench marks, and other survev points and in case such stakes and marks are destroyed or damaged, they will be replaced at the Engineer''s earliest con- venience. The Contractor may be charged for the cost of replacing or restoring stakes and marks destroyed or damaged by reason of his negligent operations. The Contractor shall furnish..the Engineer such facilities and labor necessary for setting and main- taining points and lines as hd•may require. -37- ' 1-5.10 Eq!�ment and Plant _ The Contractor shall furnish equipment and materials ' production plants suitable to produce the quality of work and materials required to properly perform the work in accordance with plans and specifications. rl ' Such equipment and material production plants, must be in a good state of repair and maintained in such state during the progress of the work. Pio worn or � obsolete equipment shall be used and in no case shall .3 the manufacturer's rating of capacity be exceeded. The Contractor, when ordered by the Engineer, shall a remove all unsuitable equipment from the work and '• discontinue the operation of unsatisfactory material production plant. The Engineer shall have access to ' all -plants for material inspection. All vehicles used to haul materials over existing highways shall be equi.pped.with pneumatic tires.. ' t 1-5.11 Character of Workmen Y� ' The Contractor shall employ only competent foremen, laborers, and mechanics. if any sub -contractor, `L; superintendent, foreman, laborer or other person employed on the work by the Contractor shall appear to the Engineer to be intemperate, incompetent, troublesom or otherwise undesirable, he shall be removed immediately from the work on the request r ' • of the Engineer, and such person shall not again be employed on the work. ' 1-5.12 Final Znsnection U When the work provided and contemplated by the con- tract has been completed and the final cleanup per- 7. ' formed, the Engineer will make the final inspection. rl I • I i 1-6 CONTROL Or MATERIALS 1-6.01 Source of Suoply and Quality of Materials The Contractor shall furnish all materials required to complete the work, except such materials as are designated in the special provisions to be furnished by the City. The Contractor will be held responsible for all materials delivered to him by. the City for use in the work and deductions will be made from any monies due him to make good any shortages or deficien- cies, from any cause whatsoever, which may occur after such delivery. All -materials furnished and used in the work shall be new unless otherwise specifically provided in the specifications, on the plans, or in the special pro- visions. Only materials conforming to the require- ments of the specifications and approved by the Engi- neer shall be incorporated in the work. At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials pro- posed for use may be inspected or tested at any time during their preparation and use. After trial, if it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material frcm other approved sources. No material which, after approval, has in any way become unfit for use, shall be used in the work. 1-6.02 Sample and Tests The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by the Contractor under this contract in order that the City may arrange for required in- spection and testing of same. Representative preliminary samples of the nature ,and quality prescribed shall be submitted by the Con- tractor or producer of all materials to be used in the work for testing or examination as described by the Engineer. all tests of materials furnished by the Contractor shall be -made in accordance with the methods in use by nationally recognized testing organi- zations and such special methods and tests as prescribed in the standard specifications and in the special pro- visions. The Contractor shall furnish such samples of materials as are requested by the Engineer without charge. No material required to be tested shall be -39- ,TV ' -40- used until it has been approved by the Di.gineer. ' Samples will be secured and tested whenever necessary J to determine the quality of material. City shall pay the cost of each first test; Contractor shall pay the cost of all tests thereafter. ' 1-6.03 . Defective Materials ' -All materials not conforming to the requirements of ' the specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the '• site of the work unless otherwise permitted by the .� Engineer. .Upon failure on the part of the Contractor to comply with any order of the Engineer made under ' the provisions of this subsection, the City shall have s4 authority to remove and replace defective material at the expense of the Contractor. ' 1-6.04 Storaae of Materials All materials for use in the work shall be stored by ' the Contractor in such a manner as to present damage from exposure to elements, admixture of foreign ' materials or from any other cause. Materials shall be stored facilitate inspection. Ir i also so as to prompt ,TV ' -40- a., R,• I I I I 1.7 LEGAL RELATION$ AND RESPONSIBILITIES 1-7.01 Observing Laws and Ordinances The Contractor shall keep himself fully informed of all state and national laws, County and City ordi- nances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way' affect the con- duct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or incon- sistency is discovered in the plans, specifications or contract for the work in relation to such law, ordinance, regulation, order or decree, he shall forthwith report the same to the Engineer'in writing. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders or decrees, and shall protect and indemnify the City, the Engineer, and all officers and agents of both, against any claim or liability arising from or based on the viclation.cf any such law, ordinance, regula- tion, order or decree, whether by himself or his employees. Special attention is directed to the following sections of the various codes of the State of California: 1-7.01.1 Prevailing taage The Contractor shall forfeit as penalty to the Citv of San Juan Capistrano twenty-five dollars ($25) for each calendar day or portion thereof, for each workman paid less than the general pre- vailing wage rates stipulated for any work done under the contract by him or by any subcontractor under him, in violation of the Provisions of the Labor Code and in particular Section 1770 to Sec- tion 1780 inclusive, thereof. Pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of San Juan Capistrano has ascertained the general pre- vailing rate of wages in the locality in which the work is to be performed for each type of workman needed to execute this contract. The hourly Nage rates, the rates of per diem wages and the rates of overtime and holiday work, are based on the latest revision of the Southern California Master Labor Agreement and are on file in the offices of the City Engineer and the City Clerk. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing contained herein shall be construed as preventing the Con- tractor from paying more than the minimum rates -41- approval. The Contractor and any sub -contractor under him shall comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. 1-7.01.5 Contractors Licensing Laws Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of .Contractors. All bidders and Contractors zha11 be licensed in accor- dance with the laws of this State and any bidder. or Contractor not so licensed is subject to the penalties imposed by such laws. 1-7:02 Insurance The Contractor shall carry public liability insurance in an amount not less than $500,000 for injuries, including accidental death, for one person, a_nd subject to the same limit for each person in an amount not less than $1,000,000'on account of any one accident and prop- erty damage insurance in an amount not less than $500,000. Workmen's compensation and emnlover's liability insurance shall be maintained during the life of the contract covering all employees on the project. In case any employees engace in hazardous work under this contract and are not protected under the Workmen's Compensation Act, the Contractor shall provide, or cause to be pro- vided, appropriate insurance for the protection of all such employees not otherwise protected. The Contractor shall be responsible for the insurance u� coverage, as herein provided, of all employees of any subcontractors. Such insurance shall be furnished by companies satisfactory to the City and certificates :;. showing that all the above-mentioned insurance has been -43- The Contractor shall likewise obtain public liability and property damage insurance to cover vehicles used + or maintained by him whether on or off the oremi_ses, with liability limits of not less tan 5250,000 for any one person and $500,000 for any one accident, and property.damage of $100,000. The insurance amounts set e• forth herein are the minimum amounts required by the City. Other agencies with which the. Contractor may be ?� involved in the accomplishment of the work may require r greater amounts. The City will not recognize any clain: for additional comoensation because of the re;uiremen t :or greater amounts of, insurance, as this is an element to be S. considered by the Contractor in determining his bid. Said policy or policies of insurance shall name the City of San Juan Canistrano as an additional insured, and shall provide for ten (10) days notice to the City of San Juan Capistrano prior to cancellation of said policy or policies of insurance. Workmen's compensation and emnlover's liability insurance shall be maintained during the life of the contract covering all employees on the project. In case any employees engace in hazardous work under this contract and are not protected under the Workmen's Compensation Act, the Contractor shall provide, or cause to be pro- vided, appropriate insurance for the protection of all such employees not otherwise protected. The Contractor shall be responsible for the insurance u� coverage, as herein provided, of all employees of any subcontractors. Such insurance shall be furnished by companies satisfactory to the City and certificates :;. showing that all the above-mentioned insurance has been -43- ' Until the formal acceptance of the work by the City iE -Council, the Contractor shall have the charge and care -thereof and shall bear the risk of injury, loss or damage' to any part thereof by the action of the elements or } ' from any other cause whether arising from the execution' or from the non-exacution of the work. The Contractor tJj ' i7 1-7.03 Responsibility for Damage ' issued and is in full force and effect, shall be fur- ' nished to the City prior to commencing work on this ' project-. If the Contractor fails to maintain such insurance, the �. ' City may obtain such insurance to cover any damages which the City or its principals may be liable to payer . through any of the operations under this contract and La deduct and retain the amount of the premiums for such ' insurance from any siuns due under the contract. The Contractor at his own cost, expense and rise, shall r- defend any and all actions, suits or other legal pro- ceedings which may be brought or instituted against the ' City or its principals on any such claim or demand and payor satisfy any judgment that may be rendered against r_ ' the City or its principals in any such action, suit orl U legal proceedings or result thereof. materials used in its construction; or by or on account of ' Nothing herein contained shall be construed as limiting q-41 ' in any way the extent to which the Contractor may be L held responsible for payment of damages to persons or property resulting from his operations or of that of any a,) ' subcontractors under him. Li ' Until the formal acceptance of the work by the City iE -Council, the Contractor shall have the charge and care -thereof and shall bear the risk of injury, loss or damage' to any part thereof by the action of the elements or } ' from any other cause whether arising from the execution' or from the non-exacution of the work. The Contractor tJj ' i7 1-7.03 Responsibility for Damage ' The City, the City Council, the Engineer and their authorized representative shall not be answerable or accountable in any manner for any loss or damage that may . occur to the work or any part thereof; or for injury or La damage to any person or persons, whether workmen or the ' public; or for damage to the adjoining property from during any cause whatsoever the progress of work. The Contractor shall indemnify and save harmless the City, the City Council, the Engineer and their authorized ' representatives from any and all suits,. claims, or actions brought by any person or persons for, or on account of, - any injuries or damages sustained in the construction. of U the work or by or in consequences of any improper materials used in its construction; or by or on account of any act or omission of the Contractor or his agents. q-41 ' L The Contractor shall be responsible for any liability imposed by law for any damage to any person or property a,) resulting from defects or obstruction or from any cause J ; whatsoever during the progress of the work or at any time before its completion and final acceptance. ' 1-7.04 Contractor's Responsibility for Work Materiae and ' Until the formal acceptance of the work by the City iE -Council, the Contractor shall have the charge and care -thereof and shall bear the risk of injury, loss or damage' to any part thereof by the action of the elements or } ' from any other cause whether arising from the execution' or from the non-exacution of the work. The Contractor tJj ' i7 rebuiJO repair, restore, and ma0good all injuries, losses, or damages to any portion of the.work or the materials occasioned. by any cause -44A a ' +J? before nal acceptance, and shall bear the expense thereof, except'for such injuries, losses', or damages t occasioned by the activities of the Federal.Govern- 1� ment, or the public enemy. The suspension of the work for any cause whatsoever ' shall not relieve the Contractor of his responsibility for the work and materials as herein specified. ' 1-7.05 Personal Liability �f Neither the City Council, the Engineer nor any other ' Officer, authorized representative or agent of the :+^ • City shall be personally responsible for any liability arising under the contract. ..T. ' 1-7-.06 Preservati� o �n of Property .t 1 The Contractor will be held responsible for the pre- servation of all public and private property along :!F; and adjacent to the work and will be required to exercise due precaution to avoid and prevent any damage or injury thereto as a consec.uence of his operations.` t1-7.06,1 Above -Ground Facilities Roadside trees and shrubbery that are not to be • removed and pole lines, fences, signs, survey markers and monuments, buildings, and other `r4 structures, conduits and pipelines above ground and any other existing improvement or facilities within or adjacent to the work which are not to �3 ' be removed shall be protected from injury or damage. The Contractor shall provide and install approved safeguards to protect such objects from ' injury or damage. If such objects are injured or � damaged by reason of the Contractor's operations, they shall be replaced or restored to an approved , ' condition at the Contractor's expense. 1-7.06.2 Underground Facilities ' The Contractor shall protect from injury or damage all existing underground conduits, pipelines, irrigation lines, drainage facilities and other A ' facilities within or adjacent to the work which are not to be removed. The location and descrip- tion of underground facilities shown onthe plans are in accordance with available records, but should be considered as approximate only. {' Attention is directed to the possible existence ' of underground facilities not known to the City or in a location different from that which is ' -45- shown on the plans.. The Contractor shall be s•� responsible to ascertain the exact location of all underground facilities shown on the plans, or other -wise made known to him, prior to doing work that may damage such facilities or interfere ' with their service. The fact that any underground facility is not shown upon the plans but is other- wise made known to the Contractor shall not relieve him of his responsibility under this subsection. -46- On the order of the Engineer, the Contractor shall repair or replace at his expense, and to • the satisfaction of the Engineer and the owners thereof, airy damaged or impaired underground -facility which was shown on the plans, regardless of the fact that the location may have been shown erroneously, or which was made known to the Con- tractor prior to being damaged. In the event t, underground facilities of which the Contractor had no prior knowledge are damaged or impaired, and if in the judgment of the Engineer, such damage was not caused by negligence or careless- ness on the part of the Contractor, they will be repaired or replaced at City expense as determined by the Engineer. When any underground facility not shown on the plans requires relocation due to interference rt • with the work to be done, the Engineer will arrange with the owners of the underground facility for the required relocation. All such relocations will be performed at no expense to the Contractor. In the event the owners of the underground facility prefer that the relocation be performed by the Contractor, the Engineer will negotiate with the Q t Contractor to determine the cost of relocation. Payment for such relocation will he made by the owners or as extra work, as the case may be. 1-7.07 Public Convenience and Safetv The Contractor shall so conduct his operations as to cause the lease cossible obstruction and inconvenience to public travel and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the right of the public, or as directed in the specifications or special provisions. Unless otherwise provided in the special provisions, all public traffic shall be permitted to pass through the area of the work with as little inconvenience and -46- ' delay* possible. Not more thane crossing or intersecting street or road shall be closed at any ' one time without the approval of the Engineer. Construction operations shall be conducted in such a manner as to cause as little inconvenience as y ' possible to abutting property owners. Convenient access to driveways, houses, and buildings 1 ' along the line of work shall be maintained and tem- porary crossings shall be. provided and maintained { in good condition. Residents along the line of work .1-11 ' • shall be provided passage as far as practicable, Whenever the Contractor's operations create a condi- tion hazardous to traffic or to the public, he shall furnish and maintain as necessary, at his expense _ and without cost to the City, such flagmen or guards, fences, barricades, lights, signs and other devices ' as are determined by the Engineer to be required to give adequate warning of any dangerous conditions to be encountered and to prevent accidents and avoid damage or injury to the public. The Contractor shall ' also erect and maintain such warning and directional +, signs as may be furnished by the City. Water or dust palliative shall be applied as necessary for the alleviation or prevention of dust nuisance as provided in the detail specifications. r ' • 1-7.08 Employee Safety Reasonable precautions shall at all tires be exercised ' for the safety o: employees on the work and applicable provisions of the State and local laws and building and construction codes shall be observed. All machinery and equipment and other physical hazards shall be guarded in accordance with the safety pro- visions of the Manual of Accident Prevention in Con- struction of the Associated General Contractors of -� America unless such provisions are'ircompatible with State, County or Municipal laws or regulations, in which event such State,County or Municipal laws or regulations shall govern. 1-7.09 Sanitary Conditions The Engineer may from time to time.prescribe the rules ' and regulations for maintaining sanitary conditions along the work and the Contractor shall enforce obser- vance of the same by his employees, and the employees Of subcontractors. If the Contractor fails to enforce ' these rules and regulations, the Engineer shall have authority to enforce them and any expense shall be the Contractor's. '-47- 1-7.10 Permits and Licenses The City will obtain Orange County Flood Control and State highway permits requirad for the accomplishment of the work. The Contractor will be required to ob- tain a City Business License and, when applicable, any and all Railroad and all other permits required ' for accomplishment of the work. 1-7.11 Patented and. Specified Articles • Whenever in the specifications any material or pro- ;. cess is indicated or specified by patent or propri- etary name or by name of manufacturer, such specifi- cations shall be deemed to be used for the purpose of -facilitating descript=_on of the material and/or process desired and shall be deemed to be followed by the words "OR APPROVED EQUIVALENT," and the bidder, in the proposal submitted by him, may offer any >- material or process which shall be equal in every respect to that so indicated or .specified; provided however, that he shall set out in the proposal, first, the price of the material or process so offered, and second, the price of the material or process so indi- cated or specified. If the bidder shall not offer any substitute in said proposal or if a substitute so offered by the bidder • is not found by the Engineer to equal that so indi- v_' cated or specified, then the Contractor shall furnish ' or install the material or process indicated or speci- fied by name, if one only be so specified or named, or if more than one be so specified or named, then one such as shall be specified in the proposal, or if no one be so specified, then one such as shall be required gg by the Engineer. The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or Pro- cesses used on or incorporated in the work and agree to.indemnify and save harmless the City, the City Council, the Engineer and their duly authorized repre- �- sentatives from all suits or law, or actions of every nature for or on accounts of the use of any patented materials, equipment, devices or processes. 1-7.12 • Natural Drainage , The Contractor shall do no work other than that shown on the plans, or approved by the Engineer in writing, which will divert drainage water from its existing course. If, during the Contractor's operations, he should damage, alter or cause water to be diverted a. from any existing drainage course, he shall, at his expense, restore said drainage course to its original ' condition to the satisfaction of the Engineer. -48- ' -49- Y 1-7.13• Employment Preference • 1 e In the employment of labor, the Contractor shall give a ' preference, other things being equal, to honorably discharged members of the armed forces of the United ' States, but there shall be no other preference or discrimination among citizens of the United States. 1-7.14 Cooperation Should construction be under way by other forces or by other Contractors within or adjacent to the limits of the work specified or should work of any other '• nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other Contractors or other forces to the end that any delay or hindrance to their work will be y^ avoided. ' 1-7.15 Use of Explosives When use of explosives is necessary for the prosecu-- ' tion of the work, the Contractor shall use the utmost care to not endanger life or property. All explosives shall be stored in a secure manner in accordance with ' the provisions of Division XI of the Health and Safetv Code, Chapter 3, as amended, and.shall comply with all ,n j State and County laws, ordinances and regulations • governing such use. All such storage places shall be clearly marked "DANGEROUS - EX.PLOSIVEs." ri V+�t 1-7.16 Right -of -Way f� The City shall provide the permanent right-of-way upon , which the work under this contract is to be done, together with any temporary construction easements '. as shown on the plans. j The City will not be responsible for any delay in furnishing same and -any such delay shall not be made ' the basis of a claim for additional compensation by -> the Contractor. However, the time allowed. for com- pletion of the contract will be extended by a period of time equal to that lost by the Contractor due to y such delay. - ' The Contractor shall, at his own expense, provide for the temporary use of additional land if required for the construction work, for the erection of temporary construction facilities, and storage of his materials, ' together with right to access thereto. y� ' -49- Y €'. 11 E ft lip 0 0 1=8 PROSECUTION AND PROGRESS 8.01 Subletting and Assicrnment The Contractor shall give his personal attention to the fulfillment of the contract and shall keep the work under his control. No subcontractor will be recognized by the City as having any authority. All persons engaged in the work of construction will be considered as employees of the Contractor and he will be responsible for their work, which shall be subject to the provisions of the contract and specifications. All subcontracts shall be in writing. Before any work is started on a subcontract, a certified copy thereof may be required to be furnished to the City. Each subcond-ract shall contain a reference to the contract between the City and the principal Contractor. The terms of that contract shall be made a part of such subcontract insofar as they are applicable to the work covered thereby. any subcontract may be invali- dated at the direction of the Engineer, if, in his opinion, the portion of the work which has been sub- contracted by the Contractor is not being prosecuted in a satisfactory manner or fails to comply with the requirements of the principal contract. In such an event, the subcontractor shall be removed immediately from the work and shall not again be employed on the work... No assignment by the Contractor of the contract to be entered into hereunder, or any portion thereof, shall be made for any purpose other than for use as a collateral and then only after the surety has con- sented theieto in writing, and after such assignment has been approved in writing by the City. No such assignment Will be approved unless the instrument of assignment that the assignee assumes all prior for services rendered or materials performance of the work called for' 1-8.02 Schedule of Work by the City Council contains a clause liens and claims supplied for the in the contract. The Contractor shall submit to the Engineer prior to. starting work on the contract, a practicable schedule showing the order in which the Contractor proposes to carry out the work, the dates on which he will start the salient features of work and the contemplated dates for completing these salient features. This . schedule shall be consistent, in all respects, with the time of completion requirements of the contract. -50- If required by 'the Engineer, the Contractor shall _ ' submit supplementary progress schedules which shall indicate approximately the percentage of work - scheduled for completion at any time. ' 4 `3 ' 1-8.03 Time of Completion „, y The Contractor shall complete the 'work called for under the contract in all parts -and requirements within the time of completion requirements of the Contract as set forth in the proposal. Completion Of the work shall be defined as that time when the ! Engineer provides written notification to the con- tractor that the work has been completed to his ? satisfaction. This should not be confused with the formal acceptance of the facilities by the City Council. '. 1-8.04 Liquidated Damages '.�� A It is agreed by the parties to the contract that in T1 '.. Case all the work called for under the contract is j not completed before or upon the expiration of the _y time of completion limit as set forth in the proposal, ) ' damage will be sustained by the City of San Juan Capistrano and that it is., and will be, imprac.ti.cable to determine the actual damage which the City will sustain in the event of, and by reason of, such delay M and it is therefore agreed that the Contractor will . pay to the City of San Juan Capistrano the sum of one hundred dollars ($100) per day for each and every 'I ' day of delay beyond the time prescribed th complete the work; and the Contractor herein agrees to pay such 'a liquidated damages as herein provided for, and further " agrees that the City of San Juan Capistrano may deduct j the amount thereof from any monies due or that may become due to -the Contractor ander the contract. it is also understood and agreed that, should the con-- ,? tractor fail to furnish the .plant, materials, and equipment, and perform all work herein set forth in A .a good and workmanlike manner, he shall, in addition to any other penalties provided in the contract docu- ments, be liable to the City for all losses or damages that the latter may suffer on account thereof. is that in the work called for It further agreed case under the contract is not furnished and completed in 1 all parts and requirements within the time specified, the Citv Council shall have the right to extend the rl time for completion or not, as it may deem best to serve the interest of the City, and .if it decides ' to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, ' and to deduct from the final payment for the work, ' •-51-. all oany part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, 6 and other overhead expenses which, are directly charge- able to the contract, and which accrue during the period of such extension, except that the -cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any portion of the delav in the completion of jhe work caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restric- tions, strikes., freight embargoes, failure to move or relocate public utilities by the owners thereof, which interfere with the progress of the work, or delays i� of subcontractors due to such causes; provided that the Contractor shall notify the Engineer in writing of the causes of delay within ten (10) days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay, and his findings of fact thereon shall be final and con- clusive. 1-.8.05 Temporary Suspension of Work The Engineer shall have the authority to suspend the work, wholly or in part by written direction., for such period as he may deem necessary, due to unsuitable Nweather or to such other conditions as are considered unfavorable for the suitable prosecution of the work or for such time as he may deem necessary due to the failure on the part of the Contractor to carry out order given, to prosecute the work diligently, or to perform any provision of the contract. The Con- tractor shall immediately obey such direction of the k' Engineer and shall not resume the work until directed or approved in writing by the Engineer. If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of this contract, the City, after three (3) days' written notice to the Contractor, may, without prejudice to 41 any other remedy it may have, make good such deficien- cies or thereafter due the Contractor; provided, how- ever, that the City Engineer shall approve such action and certify the amount thereof to be charged to the Contractor. In the event that a suspension of work'is ordered, as provided above, by reason of the failure of the Con- tractor to carry out orders, to perform any provisions of the contract or to prosecute the work diligently, the Contractor, at his expense, shall do all the work necessary to provide a safe, smooth and unobstructed passageway through the construction area for use by public traffic during the period of such suspension. -52- M ' The d• on which such suspensionorder is in effect may be considered as r;rt of thetime requirements of the contract. �a9 In the event that a suspension of work is ordered by the Engineer, due to unsuitable weather or other un- ' suitable conditions which, in the judgment of the Engineer, are not the fault of the Contractor, the cost of providing a smooth and unobstructed passage- way through the work, will be paid for as extra work or, at the option of the Engineer, such work will be performed by the City at no cost to the Contractor. The days on which such suspension order is in effect shall not be considered as part of the time require- ments of the contract. In the event of a suspension Of work under any of the conditions as set forth above, such suspension of work shall not relieve the Contractor of his responsibilities as set forth in Section 1-7. 1-8.05 Termination of Contract In the event that any of the provisions of this con- tract are violated by the Contractor or by any sub- contractor under any subcontract on the work, the City may terminate the contract by serving written notice upon the Contractor of its intention to ter- minate such contract and, unless within ten (10) days after the serving of such notice, such violation shall. M cease, the contract shall, upon the expiration of said ten .(10) days, cease and terminate. As to violations Of the provisions of the contract which cannot be remedied or corrected within ten (10) days, said ' contract shall, at the option of the City, cease and L' terminate upon the giving of like notice. In the event of any such termination for any of the reasons ` ' above-mentioned, the City may take over the work and L prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor and his sureties shall be liable to the City for any excess cost occasioned in the event of any such termination, and the City'may take possession ' of and utilize in completing the work, such materials, appliances and plant as may be.on the site of work and necessary therefor. ' Should the Contractor fail or .refuse to proceed with the work on notice of the Engineer to proceed; should the Contractor be adjudged a bankrupt or make a general assignment for the benefit of creditors or ' should a receiver be appointed on account of insol- vency of the Contractor; should the Contractor per- sistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper -53- in materials to construct and complete said project within the time required, in a good and workmanlike manner; should the Contractor fail to make prompt payment to a subcontractor, or for materials or labor; should the Contractor fail to make prompt payment to a subcontractor, or for materials or labor; should the Contractor persistently disregard laws, ordinances or the instructions of the City or its duly authorized engineers, inspectors or repre- sentatives, or otherwise be guilty of a substantial violation of anv provision of the contract documents, then the City, upon the certificate of its City 110 Engineer that sufficient cause exists to justify such action, may, without prejudice of any other right or remedy and after giving the Contractor five (5) days written notice, terminate the employment of said Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever methods it may deem expedient. In such case the Contractor shall: not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price.shall exceed the expense of finishing the work, including compensation for additional manaaerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided, and the damage incurred due to the Contractor's default, shall be certified by the City Engineer. In case this contract, or any alterations or modifica- tions thereof be -thus terminated, the actions'of the City shall be conclusive and said Contractor shall not be allowed to claim or receive any compensation - or damages for not being allowed to proceed with the work. i, L • •a •.:Y,. t1 -9 MEASU�4ENT AND PAYMENT 1-9.01 Measurement of quantities ' All work to be paid for at a contract price per unit of measurement will be measured by the Engineer in ' accordance with the United States Standard Measures. A ton shall consist of 2,000 pounds avoirdupois. Unless shipped by rail, material paid for by weight ' shall be weighed on scales furnished by and at the expense of the Contractor or on other sealed scales regularly inspected by the State Bureau of Weights and Measures or its designated representative. All scales shall be suitable for the purpose intended and -shall conform to the tolerances and specifica- tions of the State Bureau of Weights and Measures. :a The Contractor shall have all scales inspected by the State Bureau of Weights and Measures as often as the Engineer may deem necessary to ascertain the. I accuracy of such scales. rt. ' The Engineer may require the Contractor to furnish a Public Weighmaster's certificate or certified daily summary weight sheets. In such cases, a duplicate weigh slip or a load slip shall be furnished to each vehicle weighed and the slip shall be delivered to 1, the Engineer daily at the point of delivery of the material, or at such lesser intervals as may be re-*, quired by the Engineer. �T If material is shipped by rail, -the car weights will be accepted, provided that actual weight of material 7 only will be paid for and not minimum car weight used } for assessing freight tariff, and provided further that car weights will not be acceptable for material ' to be passed through mixing plants. , Unless otherwise provided, material paid for by the cubic yard will be measured in the vehicle at the point of delivery or at a mixing plant, as the case may be. All materials which are specified for measurement by the cubic year "measured in the vehicle" shall be hauled in vehicles of suc:i type and size that the actual contents may be readily and accurately determined. y rLineal or areal quantities of work shall be considered as being the horizontal lineal or area quantities ' determined from measurements or dimensions of such work made or computed in horizontal planes in accor- dance with details shown on the plans, unless other- wise specified. -55- 4' K. Quantities of rfiater.ials in structures will be measured and/or calculated in accordance with the dimensions shown onthe plans. it When'liquid measure is applicable, the material shall be delivered in standard containers or tanks which have been calibrated and certified by a representative of the State Bureau of Weights and Measures. 1-9.02 Scope of Pavment { The Contractor shall accept the payment stipulated in his proposal, subject to any additions thereto or deductions therefrom which may be made in accordance with the provisions of the contract documents and computed upon the basis of the actual Quantities in " the completed work, as full compensation for furnishing ' all materials, labor, tools, and equipment necessary to the completed work and for performing all work contemplated and embraced under the contract in strict accordance with the pians and specifications; also for loss or damage arising from the nature of the work, or from the action of the elements, except as hereinbefore provided, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance -, by the City Council and for all risks of every descrip- tion connected with the prosecution of the work, also for all expenses incurred in consequence of the sus- pension or discontinuance of the work as herein specified; and for satisfactorily completing the work according to the plans and specifications. Neither the payment of any estimate nor of any retained per- 's centaaes shall relieve the Contractor of any obliga- tion to make good any defective work or material. All labor and materials not specifically mentioned as bid items, but necessary for satisfactory comple- tion of the work, shall be considered as part of the prices for bid items and no extra compensation shall be made for them. 1-9.03 Proaress Payments The Contractor shall make a written request of the Engineer for monthly payments. This written request - shall contain an accounting of the total amount of the work done and materials furnished by the Contractor and incorporated into the work. In estimating such value, the Engineer may take into consideration, along with other facts and conditions deemed by him to be proper, the ratio of the difficulty of the work com- pleted to the probable difficulties of the work to be done. The Engineer may at his discretion, under unusual circumstances, approve one additional monthly payment. -56- r The City shall have access to ail'iayrolls, records fl of personnel, invoices of material and any and all other data relevant to the performance of this con- tract. There shall be submitted to the City through its authorized agents, the names and addresses of all personnel and such schedules of the cost of labor, equipment, cost and quantities of materials and other items, supported as to correctness by such evidence as, and in such form as, the City may require. The ' submission and approval of such schedules shall be a condition precedent to the making of any payments under. the contract. The City shall retain ten percent (100) of such estimated value as part security for the fulfillment of the contract by the Contractor and shall,•, within ten: (10) days after approval by the City Council, pay to the Contractor the balance of such estimated value, .� after deducting therefrom all previous payments and - all sums to be kept or retained under the terms of ; the contract. No such payment will be made when, in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contract, or when in his judgment, the total value of such payment would be less than $300, (�3� n� No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. 1-9.04 Deductions from Payments The City of San Juan Capistrano, by any of its appro- priate officers, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to pay laborers and mechanics employed on the work the difference between the rate of wages i required by this contract to be paid and rate of wages actually paid,to such laborers and mechanics, if less than that specified,' and to recover any } ' _ other unpaid claims. i ' 1-9.05 Extra Work #1 4ll New and unforeseen work, which in the judgment of the Engineer is found necessary or desirable for the satisfactory completion of the work, will be classed ' as extra work, as well as work specifically designated , as such in the plans or specifications. The Contractor ' shall do such extra work and furnish material and equipment therefor as directed by the Engineer in s' writing.' No extra work will be paid for or allowed ' unless the same was done upon written order of the Engineer and after all legal requirements have been -57- 1 complied with., The Contractor agrees that he will accept as full compensation for extra work, so ordered, an amount to be determined by one of the following methods: 1. Unit prices as stated in the 'proposal when determined by the Engineer, that such work is covered by any of the various items for which there is a bid price or by a combina- tion of such items. 2. A price mutually agreed upon in writing by the Engineer and Contractor. 3. Force account as hereafter provided. All extra work shall be adjusted daily upon report _ sheets prepared by the Engineer, furnished to the Contractor and signed by both parties. Said daily reports shall thereafter be considered the true record of all extra work done. The decision of the Engineer as to whether extra work has in fact been ' performed shall be conclusive and binding upon both parties to the contract. T 1-9.06 Force Account When extra work is to be paid for on a force account jobasis, compensation will be determined as follows: 1-9.06.1 Materials A sum equal to the actual cost to the Contractor of the materials furnished by him, as shown by his paid vouchers, plus fifteen percent (158). Only materials incorporated in the work shall be paid for. The City reserves the right to fur- nish such materials as it deems advisable, and the Contractor shall have no claims for costs or profit on such materials. 1-9.06.2 Labor The actual wages paid as 'shown on certified copies of Contractor's payroll., for all labor directly engaged in the work and including the cost of any compensation insurance for by the Contractor, sub- sistence and travel allowance paid to such work - men as required by collective bargaining agree- ments plus fifteen percent (158). 1-9.06.3 Equipment _ Equipment will be paid for as a rental charge whether owned by the Contractor or not, and said 1 1 J It is mutually agreed that the fifteen percent (158) which is added to the respective costs is full compensation for all other items of expense, including overhead, superintendence, use of -small tools; other insurance and profit. 1-9.07 Final Payment When the Contractor has satisfactorily completed the work he shall request a final inspection be made by the Engineer as soon as practical. Upon completion of the final inspection and completion of requested corrections, if any, the Contractor shall prepare claims for final payment as based on certified weigh - master's certificates and/or field measurements and then arrange a meeting with the Engineer to resolve any differences that may exist.. Upon agreement as to quantities of the various items of work done and approved change orders and/or extra work accomplished, the Contractor shall prepare and submit his final billing to the City in triplicate. The City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be retained under the provisions of the contract. All prior progress estimates and payments shall be sub- ject to correction in the final estimate and payment. The final payment of the monies retained shall not be due and payable until the expiration of thirty- five (35) days from the date of filing, in the office Of the County Recorder, the Notice of Completion of the work by the City. No certificate given or payment made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, whether wholly or in part. No certificate or payment shall be -construed to be an acceptance of any defective work or improper •materials. . -59- rental rates prevailing in the City for com- parable equipment will be paid by the.Cit_y plus fifteen percent (158). No payment will be allowed for the use of small tools and minor items of ' equipment which, as used herein, are defined as individual tools or.pieces of equipment having a replacement value of fifty dollazs ($50) each or less. J It is mutually agreed that the fifteen percent (158) which is added to the respective costs is full compensation for all other items of expense, including overhead, superintendence, use of -small tools; other insurance and profit. 1-9.07 Final Payment When the Contractor has satisfactorily completed the work he shall request a final inspection be made by the Engineer as soon as practical. Upon completion of the final inspection and completion of requested corrections, if any, the Contractor shall prepare claims for final payment as based on certified weigh - master's certificates and/or field measurements and then arrange a meeting with the Engineer to resolve any differences that may exist.. Upon agreement as to quantities of the various items of work done and approved change orders and/or extra work accomplished, the Contractor shall prepare and submit his final billing to the City in triplicate. The City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be retained under the provisions of the contract. All prior progress estimates and payments shall be sub- ject to correction in the final estimate and payment. The final payment of the monies retained shall not be due and payable until the expiration of thirty- five (35) days from the date of filing, in the office Of the County Recorder, the Notice of Completion of the work by the City. No certificate given or payment made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, whether wholly or in part. No certificate or payment shall be -construed to be an acceptance of any defective work or improper •materials. . -59- ' 1-10 GUARANO J 1 so I 10 1 I C 1 J 1 The Contractor shall guaranty the work against defec- tive material or workmanship for a period of one year from -the date of completion of the contract. Damage due to acts of God or from sabotage and/or vandalism are specifically excepted from the guaranty. When defective material and/or workmanship are dis- covered which require repairs to be made under this guaranty, all such work shall be done by the Contrac- tor at his own expense within five (5) days after written notice of such defects has been given to him by the City. Should the Contractor fail to repair such defective material or workmanship within five (5) days thereafter, the City of San Juan Capistrano may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required. In emergencies demanding immediate attention, the City of San Juan Capistrano.shall have the right to repair the defect and charge the Contrac- tor with the actual cost of all labor and material required. Any repair work performed herein specified shall be done under the provisions of the original contract specifications. The Contractor shall arrange to have his faithful performance bond run for a period of one year after the date of completion of the contract to cover his guaranty as set forth above.. -b0- I' N 1 1 1 1140 1 1 1 1 1 1 1 1 1 1-11 LABOR AND MATERIAL 13OND The Labor and Material Bond shall be released at the expiration of thirty-five (35) days from the date of filing, in the office of the County Recorder, the Notice of Completion of the work by the City, pro- viding no claims have been made against the Contrac- tor. W 0 -61- ' PAGE 62 HAS BEEN DELETED. J1 i y -n 1 i• �1 T tI -62- ' INDEX PAGE III. SPECIAL PROVISIONS FOR THE PARRA ADORE 1. Description ...................... 2. General Contractual Requirements..... .... 3. Adobe (Not to be a bid item) ............... 4. Rough Carpentry ............................ 5. Finish Carpentry ........................... 6. Wood Doors................................. 7. Finish Hardware ............................ ,. 8. Glazing.................................... 9. Paint.ing(additive bid item) ................ • 10. Electrical Work and Fixtures ............... 1 -63- SECTION III SPECIAL PROVISIONS FOR PARKA ADOBE III. 1.01 -DESCRIPTION 1 The project consists of remodeling of an existing building into a mini -museum as shown on the drawings, as specified herein and in conformance with the Standard Specifications. Payment therefore shall be as specified in Section I and II of these provisions. ' A. Related work. III. 1.02 -GENERAL CONTRACTUAL REQUIREMENTS The Contractor shall be required to supply all tools, labor, materials, equipment and power to complete the tasks as specified herein. Ike shall inspect the existing building, proposed site and surroundings to insure proper understanding of scope of work and construction interface difficulties. Any and all changes or diviations on the part of the Con- tractor in materials, drawing requirements or specifications must be approved by the Engineer prior to initiating the change. The final general condition of work specified herein and of ' any damage to existing facilities during construction, other than that deemed necessary to fulfill contract, must be found acceptable to Owner upon project completion. Contractor shall observe pre -construction condition of surroundings and upon completion of project shall remove ' all construction tools, surplus materials, and trash from site, leaving only the imporvements as outlined within these specifications and the contract drawing. -64- ' 0 • I -65- SPECIAL NOTES ' Notwithstanding in any reference the specifications to any article, device, product, material, fixture, form, or type of construction by name, make, or catalog number, , such references shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition and the Contractor, in such cases, may be his option use any article, device, product, material, fixture, form, or type of construction which is in the judgment of the Engineer expressed in writing equal to that specified. • I -65- SEC 1101" 04'L3.3 ADOB 13 PART 1 - GENERAL: 1.01 DESCRIPTION: A. Related Work Specified Elsewhere: 1. Painting: Section 09900 PART 2 - MATERIALS: 2,01 SOURCE: A. Materials shall be taken from the location identified by Pacific Soils Engineering Inc. as the probable location and depth of the original borrow pit. B. Project archaeologist shall be present during all. excavation. 2.02 COMPOSITION: A. Soil shall be mixed with straw in proportions as . approved by the engineer. B. Water shall be added in minimum quantity required ' to achieve plasticity.. PART 3 - EXECUTION: 1 3.01 PREPARATION A. Materials shall be removed in the coved area as ' necessary to make space for neu whole or half bricks. ' B. Any plant material or inappropriate plaster shall be removed. 3.02 CONSTRUCTION OF ADOBE BRICK: ' A. Adobe mixture shall be worked to attain maximum plasticity. B. Mixture shall be forced into forms laid over a thin bedding; of straw. C. Forms shall be removed leaving adobe bricks in place. Adobe 04213-1 ' -66- U. Bricks shall he turned aftbr one day, or as directed by the engineer. E. Bricks shall not be lifted, transported, or stacked for three days or as approved by the ongineer. F. Bricks shall be dried for three weeks before use or as approved by the engineer. 3.03 MORTAR: A. Mortar shall be lime mortar. B. Thickness and pointing of joints shall match existing joints. 3.04 PLASTERING: A. Cracks shall be filled with adobe mixture and per- mitted to dry for two weeks or as approved by the engineer. B. Plaster shall be adobe mixture of a workable con- sistency with a minimum amount of water, G. Plaster shall be applied to lightly moistened surfaces by hand. D. Plastered surfaces shall be covered with wetted burlap to delay drying, as required by the engineer. Adobe 042].3-2 -67- 0 SF.C'IION 01100 ROUCU CARPRNrRY PART l - GENITAL: 1.01 DI''SCRIPTION: ' A. Related Work Specified Elsewhere: I. Finish Carpentry: Section 06200. 2. Painting: Section 09900. ' 1.02 QUALITY ASSURANCE: A. Lumber Grading Rules and Wood Species to be in conformance with PS 20. B. Grading Rules of following associations apply to materials f.ur- nishcd under this section: 1. West Coast Lumber Inspection Bureau (WCLID). ' 2. Western Wood Products Association (1,MM). C. Plywood Grading Rules: ' a 1. Softwood Plywood _. Construction and Industrial: PS 1. D., Grade Marks: 1. Identify lumber and plywood by official grade mark. 2. Lumber: a. Grade stamp to contain symbol of grading agency certified ' by Board of Review, American Lumber Standards Committee, mill number or name, grade of lumber, species or species grouping or combination designation, rules under which grades where applicable, and condition of seasoning at time of manufacture. b. S -GRN: Unseasoned. 'C. S -Dry: Maximum 19% moisture content. e. Dense. 3. Softwood Plywood: a. Conforming to PS 1. ' Rough Carpentry 06100-1 ' -68- ' g. FF -S -IIID, Screw, Wood. h. FF -S-325, Shield Expansion; Nail Expansion; and Nail; Drive -Screw (Devices, INT AMD 3 Anchoring, Masonry). 2. National Forest Products Association (LAPPA): a. National Design Specifications for Wood Construction, 1977. b. Working Stresses for Joists and Rafters. c. Wood Structural Design Data. 3. Product Standards (PS): a. PS 1-74, Construction and Industrial Plywood. ' 4. Western Wood Products Association (WWPA): n. Standard Grading Rules for Western Lumber, 1977. ' 1.03 SUBMITTALS: ' 1.04 PRODUCT DELIVERY, STORAGE, AND ILANDLING: A. Immediately upon delivery to job site, place materials in area ' protected from weather. B. Store materials a minimum of 6" above ground on framework or blocking and cover with protective waterproof covering providing' for adequate air circulation or ventilation. C. Do not store seasoned materials 1n wet or damp portions of building. E, Protect sheet materials from corners breaking and damaging surfaces, while unloading. ' Rough Carpentry 4 06100-2 -69- 1.. Reference Standards: ' 1. Federal Specifications (FS): ' a. FF -B -561C, Bolts, (Screw), Lag. b. FF -B -575C, Bolts, Hexagon and Square. ' C. FF -B -584E, Bolts, Finned Neck; Key Head; Machine; Ribbed Neck; Square. Neck; Ice Head. d. FF -B -588C(1), Bolts, Toggle; and Expansive Sleeve, Screw. e. FF -N -105B(3), Nails, Wire, Brads, and Stapl.es (INT AMD 40. f. _FF-N-836D(l), Nut, Square, Hexagon, Cap, Slotted, Castel.l.- ated, Clinch Knurled, and Welding. ' g. FF -S -IIID, Screw, Wood. h. FF -S-325, Shield Expansion; Nail Expansion; and Nail; Drive -Screw (Devices, INT AMD 3 Anchoring, Masonry). 2. National Forest Products Association (LAPPA): a. National Design Specifications for Wood Construction, 1977. b. Working Stresses for Joists and Rafters. c. Wood Structural Design Data. 3. Product Standards (PS): a. PS 1-74, Construction and Industrial Plywood. ' 4. Western Wood Products Association (WWPA): n. Standard Grading Rules for Western Lumber, 1977. ' 1.03 SUBMITTALS: ' 1.04 PRODUCT DELIVERY, STORAGE, AND ILANDLING: A. Immediately upon delivery to job site, place materials in area ' protected from weather. B. Store materials a minimum of 6" above ground on framework or blocking and cover with protective waterproof covering providing' for adequate air circulation or ventilation. C. Do not store seasoned materials 1n wet or damp portions of building. E, Protect sheet materials from corners breaking and damaging surfaces, while unloading. ' Rough Carpentry 4 06100-2 -69- 2.01 MATERIALS: ' A. Lumber: ' 1. Dimensions: a. Specified lumber dimensions are nominal.. ' b. Actual dimensions to conform to PS 20. 2. Surfacing: Surface four sides (S4)), unless specified other- wise. 3. End jointed lumber: ' Structural i.nterchaugeable lumber. a. purposes with solid sawn ' b. Glued joints of loadbearing lumber: PS 56. 4. Framing lumber shall be Douglas Fir - Larch (see plans for grades except as herein noted). ' a. Structural light framing, 2" to 4" thick., 2" to 6" wide. Grade #2 DF. ' b. Structural joists and planks, 2" to 4" thick, 6" and wider. Grade ill DF. c. Beams and Stringers, Posts and Timbers: 5" and thicker. Grade #1 DF. ' 5. Wood Decking: 2" to 4" thick, 4" to 12" wide, and commercial softwood species. ' a. Selected Decking grade, 19% maximum moisture content, "DRY of grade stamp, single tongue and groove edges. ' B. Preservative Treated Wood Products: 1. Water -borne salt preservatives for painted, stained, or exposes natural wood product: a. AWPB LP -2, above ground application. ' b. AWPB LP -22, ground contact application. c. Lumber rodried to maximum moisture content of 19%, stamped ' "DRY". Rough Carpentry 06100-3 ' -70- ' 2. Oil -borne preservatives; for ally conGtru• on except when in contact with salt water. 1 a. AWPB 11-3, above ground application, light petroleum solvent. b. AWPB LP -33, ground contact application, light petroleum solvent. ' c. AWPB LP -4, above ground application, volatile petroleum solvent for interior application and hardwoods to be painted. d. AWPB LP -44, ground contact application, volatile petroleum solvent. e. A6TB 1.11-7, above ground application, exposed to weather ' where painting is not required. f. AWPB LP -77, ground contact application, heavy petroleum ' solvent - penta solution. 3. Untreated Lumber: All heartwood grades. 4. AWPB FND ground contact use in residential and light commer- cial foundations. C. Rough Dardware: 1. Bolts: . 'FS a. FF -B-575. ' b. FS FF -B-584. 2. Nuts: FS FF -N-836. ' 3. Las; Screws and Bolts: FS FF -B-561. ' 4. Toggle Bolts: FS FF -B-588. 5. Wood Screws: FS FF -S-111. 6. Nails and Staples: FS FF -N-105. 7. Joist hangers: 18 gauge zinc -coated steel. ' 8. Bar or Strap Anchors: ASTM A 525, zinc -coated steel., 18 gauge mi.ni.mum. PART 3 - EXECUTION: 3.01 INSPECTION: ' A. Verify that surfaces to receive rough carpentry materials are pre- pared to required grades and dimensions. ' Rough Cm:pentry 06100--4 -71- 3.02 INSTALLATION: A. Posts or Columns: 1. The interior post shall be finished on all exposed surfaces. ' 1. Install random length pieces continuous over a minimum of three spans, each piece resting on one support with end joint, in adjacent rows separated by one row of decking measured along length of piece -12" (0.3m), or separated by two rows of decking. 2. Drive deck members tight using short block; do not hammer tongue. Nail each member at support with one 30d common blind and Lace nail for decking 2-3/4" and 3" thick. ' 4. Toenail groove to tongue at 40 to 500 angle starting 1-1/4" from groove edge, spaced 12" from each end and a maximum of ' 30" on centers between end nails using 80 common nails. ' Rough Carpentry 061 gOZ 5 2. ErecC posts straight, plumb with straight edge and level., ' and brace with tack boards at plate and sill. B. Beams and Girders: ' 1. Install with crown edge up. ' 2. Provide bearing at ends of each member: Minimum 4" except as noted on plans. 3. Beams or girders framed into pockets of exterior adobe walls: Provide minimum of 1" (25 mm) air space be— tweea sides and ends of wood members and concrete or. masonry ' wall. C. Wood Decking: ' 1. Install single span pieces with all end joists on supports. --OR--- 1. Install equal length pieces, except short pieces at ends, canti— • levered with end joists at 1/4 points every fourth row of decking, with end joints over supports. '---OR--- 1. Install random length pieces continuous over minimum of three spans, each piece resting on one support with end joints in adjacent rows minimum of 24" (0.6m) apart. --OR--- ' 1. Install random length pieces continuous over a minimum of three spans, each piece resting on one support with end joint, in adjacent rows separated by one row of decking measured along length of piece -12" (0.3m), or separated by two rows of decking. 2. Drive deck members tight using short block; do not hammer tongue. Nail each member at support with one 30d common blind and Lace nail for decking 2-3/4" and 3" thick. ' 4. Toenail groove to tongue at 40 to 500 angle starting 1-1/4" from groove edge, spaced 12" from each end and a maximum of ' 30" on centers between end nails using 80 common nails. ' Rough Carpentry 061 gOZ 5 0 D. Pressure -Treated Wood Produr_ts: 1. Provide Pressure -treated wood for all framing, blocking, furring, nailing strips built into exterior masonry walls, ' wood in contact with concrete and in conjunction with gravel stops and built-up roofing. ' 2. Re -dry and clean lumber, after treatment, to maximum moist- ure content of 19%, stamped "DRY". 3. Apply two brush coats of same preservative used in original treatment to all sawed or cut surfaces of treated lumber. 3.03 PROTECTION: ' A. Protect wood decking with protective waterproof covering until roofing has been installed. 1• ' Rough Carpentry 06100-G ' -73- SBCIION 012110 ' FINISH CARPENTRY ' PART 1_ GIiNERAL: 1.01. DESCRIPTION. ' A. Related Work Specified Elsewhere: 1. Rough Carpentry: Section 061.00. M2. Wood Doors: Section 08200. ' 1.02 QUALITY ASSURANCE: A. Grading Rules of following associations apply, to ma'terials,_furnished under this section: 1. West Coast Lumber Inspection Bureau (WCLIB). ' 2. Western Wood Products Association (WWPA). B. Grade Matks: ' 1. Identify lumber by official grade mark. 2. Grade stamp to contain symbol of grading agency certified by Board of Review, American Lumber Standards Committee, mill lumber or name, grade of lumber, species or species grouping or combination designation, rules under which graded where ' applicable, and condition of seasoning at time of. manufacture. 1.03 SUBMITTALS: A. Samples: 1. Submit finished samples of wood flooring to show face texture ' and color of material. B. Certification: ' 1. Preservation treated wood: Submit certification for water - borne preservative that moisture content was reduced to 19%, ' after treatment. 1.04 PRODUCT DELIVERY, STORAGE., AND HANDLING: ' A. Immediately upon delivery to job site, place materials in area protected from weather. ' Finish Carpentry 06200-1 -74- 0 0 B. Store maCeri-als a minimum of 6" above ground on framework or block- ing and cover with protective waterproof covering providing for adequate air circulation or ventilation. C. Do not store seasoned materials in wet or damp portions of the building. PART 2 - PRODUCTS: 2.01 MATERIALS: A. Lumber: 1. Dimensions: a. Specified lumber dimensions are nominal. b. Actual dimensions conform to PS 20. 2. Surfacing: S4S unless specified otherwise. 3. Type: a. Lumber shall match existing in similar locations as closely as possible in specs.es, quality, and configur- ation. b. Lumber in contact with soil shall be preservative treated. PART 3 - EXECUTION: 3.01 INSTALLATION: A. Repairs to existing building elements shall match such elements as closely as possible in all respects. B. All workmanship to be in accordance with WIC Standards for Custom Grade Millwork, Finish Carpentry 06200-2 -75- SIXTION 08200 WOOD DOORS PART 1 - GEN_P:_RAL: 1.01. RE'LATE'D WORK SPECIFIED ELSEWHERE: ' A. Finish Carpentry: Section 06200 B. Finish Hardware: Section 08710 C. Glazing: Section 08800 D. Painting: Section 09900 1.02 QUALITY ASSURANCE: ' A. Allowable tolerances for fabrication of doors. 1. Size: 1/16" + ' 2. Maximum Warp: 1/4" 1.03 SUBMITTALS: A. Samples: Submit samples of wood showing proposed finish. • B. Shop Drawings: Show details of door construction. 1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING: ' A. Delivery: 1. Deliver doors to site after plaster, and cement are dry and ' butlding has reached average prevailing relative humidity of locality. ' 2. Seal all four edges of doors when delivered to project site. B. Storage: ' 1. Store flat on 2 x 4 lumber laid 12 inches from ends and across center. ' 2. Under bottom door and over top of stack provide plywood or corrugated cardboard to protect door surface. 3. Store doors in area where there will be no great variations in heat., dryness, or humidity. C. Handling: Do not drag doors across one anothor. Finish Carpentry ' 06200-3 -76- 1* 01 GUARANTEE': A. Guarantee materials and workmanship for two years. PART 2 _ PRODUCTS: 2.0.1, MATERIALS: A. Wood: Wood shall be douglas fir, ponderosa pine, 'or sugar pine, WIC "custom -transparent" grade. B. Adhesives: WIC Type I exterior waterproof. 2.02 FAI'RICATION: ' A. Moisture Content: 12% at time of fabrication. B. Construction: 1. .Doors shall be of: solid stock, tongue and groove construction, as detailed on the drawings and as specified herein. ' 2. All joints shall. he solidly glued. Clue shall not be allowed to bleed onto visible surfaces. 3. horizontal and diagonal braces shall be affixed with both glue and wood screws. 4. Each brace shall be affixed to the door with a minimum of two wood screws into each board. Door braces shall be beveled at ' a 450 angle to the face of the door. 5. Screws shall be counter sunk, and heads covered with wood filler. Wood filler shall be sanded flush and smooth with the surface of the brace. 6. Screws in horizontal braces shall be positioned in diagonal linas as indicated on the drawings. 7. Entire door. shall be cleaned and sanded smooth, ready for finish. 8. Screw ends shall not protrude through face of. door. PART 3 - EXECUTION: 3.01 INSTALLATION: ' A. Installation shall be in accordance. with WIC Standards for hand- ling, Job Finishing, and Installation of Wood Doors, 1978 edition. Finish Carpentry 06200-4 -77- SECTION 087.10 F)NfSu HA1tO4ARP: PART 1 - CENERAi.: . 1.01. DESCRIPTION: A. Related Work Specified Elsewhere: 1. Finish Carpentry: Section 06200. 2. Wood Doors: Section 08200. ' 1..02 SUBMITTALS: A. A complete materials list of all items proposed to be furnished ' and delivered under this section. 1.03 PRODUCT HANDLING: ' A. Use all means necessary to protect materials of this section befo':-e, during, and after delivery to the job site and to protect the wor': ,a and materials of all other trades. B. In the event of damage, immediately make all repairs and replace- ments necessary to the approval of the Engincer and at no additional ' • cost to the owner. PART 2 - PRODUCTS: ' 2.01'GENERAL: A. Proprietary products: References to specific proprietary products ' are used to establish minimum standards of utility and quality unless otherwise approved by the Engineer, provide only the speci- fied products. Design is based on materials specified. 2.02 FASTENERS: ' A. Furnish all finish hardware with all necessary screws, bolts, and other fasteners of suitable size and type to anchor the hardware in position for long life under hard use. B. Furnish fastenings where necessary with expansion shields, toggle bolts, and other anchors approved by the Engineer, according to the material to which the hardware is to,be applied, and the re- commendation-, of the hardware manufacturer. C. All fastenings shall match hardware to which applied. ' 2.03 MATERIALS: A. Door lunges shall be Stanley CB 1971, Half Surface 'Type, bronze ' tl.ni.sh, 4-1/2.". Finish Carpentry 062.00-5 ' -78- H. Lochs shall be Yale Scries 197 surface mounted boltlock and Yale ' Series 197-1/2 surface mountc,d boltlock, as scheduled. C. Knob shall be Schlage "Claremont", finish 616(11), antique bronze, ' pais dummy trim, 2.04 KEYING: A. Locks shall be keyed alike. B. Furnisli four keys. PART 3 - EXECUTION; ' 3.01 DELIVERIES: A. Make all necessary deliveries in a timely manner to ensure orderly ' progress of the total work. 3.02 HARDWARE SCHEDULE: ' A. Furnish the following hardware groups in the amounts indicated on the drawings or required for a complete and proper installation. ' 1.. Hardware Group 1: a.. Four - Half surface hinges 4-1/2" Stanley CP 1971. ' • b. One - Yale Series 197 surface mounted boltlock. 2. Hardware Group 2: ' a. Four - half surface hinges 4-1/2." Stanley CB 1971. ' b. Yale Series 197-1/2 surface mounted boltlock. c. One pair - schlage Claremont dummy trim. ' 3. Hardware Group 3: a. Four - half surface hinges 4-1/2" Stanley CB 1971. 1 4. hardware Group 4: ' a. Two - Shutter hinges. 3.03 INSTAILATION: ' A. Position: 1. Top Hinge: Center of the hinge not more than 11" below the ' top of door. Finish Carpentry ' 06200-6 -79- 2. Bottom Hinge: Center. of Llie.hinge not more than 13" above the finish floor. 3. l.nCermediate Hinges: Spaced equidistant between top and ' bottom hinges. 4. Door Fulls: Center 40" above finished floor. ' 5. Knobs: Install on existing door in location of pre- vious knob. 6. Surface Mounted Boltlocks: Center 60" above finish floor. B. Anchoring: Anchor all components firmly into position for long life under hard use. Used only the anchoring devises furnished ' with the Irardware item, unless specifically directed otherwise. ' C. All work to be performed neatly and in accordance with the best practice of the tirade. 1• ' ' Finish Carpentry 06200-7 = -80- SECTION 08800 IGIAZING PART 1 �GENP.RAL: 1.01 DI'SCRII'7•ION: A. Related Work Specified Elsewhere: 1. Finish Carpentry: Section 067.00. 2. Wood Doors: 08200. -Section ' 1.02 QUALITY ASSURANCE: A. Rcequi.rements of Regulatory Agencies: Install glass and glazing to meet requirements of local building code. 1.03 SUBMITTALS: A. Samples: 1. Two 12" x 1.2" (305 mm x 305 mm) pieces of each type of; glass. ' 2. One bead, approximately 1/4" (6 mai) wide and 3" (76 mm) long of each sealant employed, indicating color of set or cured ' • • material. 1.04 PRODUCT DL'LIMY, STORAGE, AND DANDLING: ' A: Deliver glass with manufacturer's labels intact. B. Do not remove labels until glass has been installed. ' C. Deliver fjazing compounds and sealants in manufacturer's unopened, labeled containers. 1.05 ENVIRONEtENTAL REQUIREMENTS: A. Perform glazing when ambient temperature is above 40oF. ' B. Perform glazing on dry surfaces only. PART 2 - PRODUCTS: 2.01. MATFRI:ALS: ' A. Glass: Grade B Sheet Glass 7..02 SEALANT: A. Glazing Compound: FS TT -G-410. Finish Carpentry 06200-8 -81- 2.03 ACCESSORIES: ' A. Glazing Points and Eire Spring Clips: Corrosion resistant, manu- facturer's staudard. ' 13. Primer -Sealers and Cleaners: As recommended by glass manufacturer. PART 3 _EXECUTION: 3.01 JNSPECTION: A. Check that glazing channels a free of burrs, irregularities, and debris. ' B. Check that glass is free of edge damage. C. Do not proceed with installation until conditions are satisfactory. ' 3.02 PREPARATION: A. Field Measurements: 1. Measure size of frame to receive glass. ' 2. .Compute actual glass size, .allowing for edge clearances. B. Preparation of Surfaces: 1. Remove protective coatings from surfaces to be glazed. 2. Clean glass and glazing surfaces, to remove dust, oil and ' contaminants, and wipe dry. •3.03 INSTALLATION: A. Positioning Glass: ' 1. Orient pattern, and draw of glass pieces in same direction. 2. Place glass waves parallel to floor. B. Sealant Glazing: 1. Place setting blocks at quarter points of sill. rabbet. ' 2. Install in spacers channel. ' 3. Apply sealant to back and bottom of rabbet. 4. Bed glass in position, centered vertically and horizontally, ' with glazing points or clips.- Finish Carpentry , OG200-9 -82- 5. Apply seat to face with sufficient force to eliminate voids 6. Trim sealant to form water shed sl.opin}; away from glass. ' 3.04 CLISANING: . A. Remove excess glazing compound from installed glass. ' B. Remove labels from glass surface as soon as installed. C. Wash and polish both faces of glass. Remove D. debris from work. site. 3.04 PROTECTION OF COMPLETED WORK: A. Do not apply markers to glass surface. ' B. Replace damaged glass. Finish Carpentry ' 06200-1.0 -83- + SECTION 09900 PAINTING IPART 1 - GENERAL: 1.01 RELATED WORK SPECIFIED ELSI?WHERE: ' A. Factory Prefinished Items as specified. 1.02 QUALITY ASSURANCE: A. Include on label of containers: ' Manufacturer's name _ Type of paint - Manufacturer's stock number- - Color ' Instructions for reducing, where applicable. 1.03 SUBMITTALS: A. Furnish tests and samples of materials as acceptable to the Engineer. ' When materials and products are specified by proprietary brand, manufacturers' label will. suffice as evidence of quality. ' • B. Color Samples: t1. Prepare on cardboard. 2. Prepare stained wood samples on types and quality of wood ' specified for use on project. 3. Make samples not less than 12 inches square. ' 4. Submit in duplicate in accordance with Section Division 1, General Requirements. ' 1.04 PRODUCTS DELIVERY, STORAGE AND HANDLING: A. Delivery of Materials: 'I. Deliver sealed containers with labels legible and intact. B. Storage of Materials: 1. Store only acceptable project materials on project site. Finish Carpentry ' 06200-11. -84- 2. Store in a Suitable I.00ati0u. ' 3. Restrict storage to paint materials and related equipment. 4. Comply with health and fire regulations. 1.05 JOB CONDITIONS: ' A. Environmental. Requirements: .1. Comply with manufacturer's recommendations as to environmental conditions under which coatinCs and coating systems can be �. applied. 2. Do not apply finish in areas where dust is being generated. B. Protection: 1. Cover or otherwise protect finished work of other trades and surfaces not being painted concurrently or not to be painted. ' PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS: ' A. Except as otherwise specified, materials shall be the products of the following manufacturers: ' • 1. Sinclair Paint Company 2. Pittsburgh Paint Company ' 3. Glidden Paint Company B. Materials selected for coating systems for each type surface shall ' be the product of a single manufacturer. 2.02 SUBSTITUTIONS: ' A. Comply with General Conditions. B. Submit substitute paint schedule listing all surfaces and proposed ' products. ' C. Obtain review prior to purchase and delivery. 2.03 MATERIALS: A. Products specified are as manufactured by Sinclair. Paint Company, unless otherwise indicated; similar products of acceptable manu- facturers listed in Article 2.01 may be furnished in lieu of those listed. ' Finish Carpentry - 06200-J.2 -85- 1 ' • B. Material Li.s 1. Enamel undercoater: 975 Sinco Primc Undercoater 2.. Interior enamel: 1800 Sinco SatLa Enamel 3. Wood stain: Sinclair Series 3900 Oil Base Semi -Transparent. Color to match existing door and window trim. '2.04 COLORS: A. Colors of paints (including shades of stain) shall he as scheduled.' 2.05 MIXING AND TINTING: ' A. Deliver paints and enamels ready -mixed to job site. B. Accomplish job mixing and job tinting only when acceptable to the ' Engineer. C. Mix only in mixing pails placed in suitably sized non-ferrous or oxide resistant metal pans. 1). Use tinting colors recommended by manufacturer for the specific type of finish. E. Fungicidal agent shall be incorporated into the paint by the manu- facturer. • PART 3 - EXECUTION 3.01 INSPECTION: ' A. Examine surfaces scheduled to receive paint and finishes for cond- itions that will adversely affect execution, permanence or quality of work and which cannot be put into an acceptable condition through preparatory work as included in Article 3.02, P12EPAP.Y10N. B. Do not proceed with surface preparation or coating application until ' conditions are suitable. 3.02 PREPARATION OF SURFACES: A. wood: 1. Clean soiled surfaces (with alcohol wash). 2. Sand to smooth and even surface (except where rough exterior. ' surface is specified), then dust off. 3. Apply knot scaler to all knots, pitch and resinous sapwood be- fore priming coat is applied. ' Finish Carpentry 06200-1.3 -86- I 10 N 1 1 2. Dry with clean cloth. 3.03 APPLICATION: A. General Requirements: 1. Do not apply initial coating until, moisture content of surface is within limitations recommended by paint manufacturer. a. Test with moisture meter. 2. Apply paint, enamel, stain, and vzrnish with suitable brushes. a. Rate of application shall be as recommended by paint manu- facturer for the surface involved. b. Keep brushes, rollers, and spray equipment clean, dr -y, free from contaminates and suitable for the finish required. c. Apply stain by brush. 3. Comply with recommendation of product manufacturer for drying time between succeeding coats. 4. Vary slightly the color of successive coats. 5. Sand and dust between each coat to remove defects visible from a distance of 5 feet (1.524 meters). 6. Finish coats shall be smooth, free of brush marks, streaks, laps or pile up of paints, and skipped or missed areas. a. Finished metal surfaces shall be free of skips, voids or pin- holes in any coat when tested with a low voltage detector. 7. Inspection: a. Do not apply additional coats until completed coat has been inspected by the Engineer. b. Only inspected coats of paint will. be considered in determin- ing number of coats applied. 8. Leave all parts of moldings and ornaments clean and true to de- tails with no undue amount: of paint in corners and depressions. Finish Carpentry 06200-14 -87- ■ 4. Fill nailholer:, cracks, open joint:; ane• her defects with wood filler after priming coat has dried. Color to match finish color. A. Galvanized Metal: 1. Clean surface to remove oily residue, in accordance with the Structural Steel painting Council's Surface preparation Spec- ification SSPC-SP 1--63. I 10 N 1 1 2. Dry with clean cloth. 3.03 APPLICATION: A. General Requirements: 1. Do not apply initial coating until, moisture content of surface is within limitations recommended by paint manufacturer. a. Test with moisture meter. 2. Apply paint, enamel, stain, and vzrnish with suitable brushes. a. Rate of application shall be as recommended by paint manu- facturer for the surface involved. b. Keep brushes, rollers, and spray equipment clean, dr -y, free from contaminates and suitable for the finish required. c. Apply stain by brush. 3. Comply with recommendation of product manufacturer for drying time between succeeding coats. 4. Vary slightly the color of successive coats. 5. Sand and dust between each coat to remove defects visible from a distance of 5 feet (1.524 meters). 6. Finish coats shall be smooth, free of brush marks, streaks, laps or pile up of paints, and skipped or missed areas. a. Finished metal surfaces shall be free of skips, voids or pin- holes in any coat when tested with a low voltage detector. 7. Inspection: a. Do not apply additional coats until completed coat has been inspected by the Engineer. b. Only inspected coats of paint will. be considered in determin- ing number of coats applied. 8. Leave all parts of moldings and ornaments clean and true to de- tails with no undue amount: of paint in corners and depressions. Finish Carpentry 06200-14 -87- ■ 9. Make edges of paint adjoining otter materl.als or colors clean and sharp with no overlapping. 10. Apply primer on all wort: before glazing. 1 11. Refinish whole wall. where protion of finish has been damaged or is not acceptable. ' B. Pai.nt.ed Work: 1. Back prime all interior trim. 2. Runs sit face not permitted. ' C. Stained Finish: 1. Adjust: natural finishes as necessary to obtain identical. appear- ance to existing door and window frames. 3.04 C1.EeSNINc: ' , A. Touch up and restore finish where damaged. 13. Remove spilled, splashed, or splattered paint from all. surfaces. C. Do not mar surface finish item being -cleaned. of ,. D. Leave storage space clean and in condit-1,on required for equivalent spaces in project. 3.05 PAINTING SCHEDULE: A. Surfaces not to be painted: ' 1. Existing wood windows, doors, and trim. 2. Exterior and interior masonry walls. B. Painting Schedule: 1. Exterior Wood (stained and varnished): ' a. One coat exterior wood stain. 1 b. Hardwood doors and trim - one coat wood stain. 2. Exterior Ferrous Metals: ' a. First coat metal primer. Touch up shop coated ferrous metals with a primer compatible with shop coat. ' b. Second and third coats exterior enamel. c. Minimum total dry film thickness shall be 5 mils. ' Finish Carpentry 06200-1.5 ' -88- 3. Galvanized McLal: a. First coat galvanized metal pr.lmer. b. Second coat exterior enamel. C. Total. minimum dry film thickness shall be 5 mils. 4. Exterior Plaster: a. First and second coat - Whitewash. 5. Interior porous Metals: a. First coat metal primer. Touch up shop primed metals with primer compatible with shop coat. b. Second coat enamel undercoater. c. Third coat heavy duty gloss interior: enamel. d. Minimum total dry film thickness shall be 5 mils. 6. Interior Non -Ferrous Metals: a. First coat clear finish. Finish Carpentry 067.00-16 -89- 0 ' SPOP10N 16100 ENTITT CAT. WORE, AIND Ply"IMU S Al2'PIC1,] 1 GENERAL 101.01 Conditions: All applicable requirements of the general and special. conditions shall anply to the work of this section. 1.02 Scope: ' a. Work Included: All labor and materials, remits, fees, appliances, tools, ccu:pmont, facilities, transportati.on and services necossary for and incidental. to performing all operations'in con- nection with furnishing, delivery, and install- ation of "Electrical Ilork and Fixtures", complete, '�. as shown on the drawings and/or specified herein. Work includes but is not .limited to the followincr: 1. Provide complete underground sub -feeder from existing main building on site to subject accessory building. Include installation of a new circuit breaker., conduit, wire and all 1 auxiliaries for a complete installation. 2. Cbtain all permits rec?ui_red from all agencies ' and make arrangements for all inspections required. 3. Modify existing service panelboards on exist- ' ing main building as required to except a new 2 pole 240 volt circuit breaker to be of the same type as the existing. 4. Complete receptacle and lighting branch circuit wiring, including junction boxes, uullboxes, ' ontict boxes, devices, materials, and equipment for a complete installation. ' Elect.rical. Work and Fixtures 16100-1 -90- 13. Perform all other work necessary for Lhe complete installation of all electrical work and fixtures. ' 1.03 Requirements a. Permits and Inspections: • 5. Lighting fixtur.c; and J.a;ips in fixtures, sec licenses, utility company charges, and fees required lighting fixture schedulc: on drawin,s. for the execution of this .work, and shall arrange for G. Excavation, backfill, and concrete work to ' shall give all notices required by a1.1 laws, rules, complete the work under. this section. regulations and ordinances pertaining to this work. 7. Furnish, install and maintain temporary power ' Furnish evidence of final inspection and acceptance and lighting suivice and remove same at com- by the building and safety authority having juris- pletion of work. S. Cleaning, patching, repairing and painting. C. Codes and Ordinances: 9. Pina1 inspection. 10. Shop drawings on all lighting track including_ lighting fixtures. National Electrical Code, latest edition adopted ll. Record (as -built) drawings. 1 ordinances and codes .of local authorities having jurisdiction, whichever exceeds. Nothing in the 12. Tests. 13. Perform all other work necessary for Lhe complete installation of all electrical work and fixtures. ' 1.03 Requirements 0 a. Permits and Inspections: • The Contractor shall obtain and pay for all permits, licenses, utility company charges, and fees required for the execution of this .work, and shall arrange for ' and pay for all required tests and inspections, and shall give all notices required by a1.1 laws, rules, ' regulations and ordinances pertaining to this work. b. Final Inspection: ' Furnish evidence of final inspection and acceptance by the building and safety authority having juris- diction upon completion and before acceptance of the work. C. Codes and Ordinances: ' 1. Perform all work, in accordance with Title 24 of the State of: California Administrative Orders, National Electrical Code, latest edition adopted ' by local code enforcing agency and the electrical ordinances and codes .of local authorities having jurisdiction, whichever exceeds. Nothing in the plans and specifications shall be consurued as authority to violate ordinances and codes. Electrical Work and Fixtures ' 1600-2 0 d. Shop I>rawings Within 14 days after award of contract submi.L in quintuplicaLe a list of equi.pmenL manufac.- ' tuners that the Contractor proposes to use. 2. Before manufacture and within 14 clays after award of contract, submit manufacturers' shop drawings of each type of fabricated equipment in quintuplicate to the Architect for approval. e. Operation and Guarantee of Electrical Systems: 1. Demonstrate in the presence of the owners agent ' that all portions of the electrical wort: are 'condition. operating or are in operating 2. Guarantee all installed equipment, materials, and workmanship for a period of one year from the date of acceptance c•f the project by the Owner. Repair or replace promptly upon noti- ' fication of the Owner of Architect, at no ad- ditional cost, any defects duo to faulty mater- ials, methods of installation, or workmanship. f. Clearances and Interferences: ' • 1. Locate outlets, equipment, wireways, apparatus, etc., in such a manner as to avoid confliction With materials and equipment installed wider other sections, preserving head room and clear_. ' ances, and keeping openings and passageways clear.. 2. Carefully examine contract drawings. (a) To verify that work. can be installed with- out confliction. (b) %To maintain close coordination with work under other sections' particularly as to quantity, locations, size, and arrangement ' of equipment. ' 3. Report any deviations from the contract drawings to the Architect- before inntalli.ng the work.. g. Record Drawings: Prepare complete drawings showing actual installed locations and sizes of equipment, fixtures, devices, feeders, branch circuits, and empty conduit runs; and an accurate indication of the location of the under- ground feeder for the subject building. Electrical Stork and Fixtures '16 Y9i_ 3 .• • h. Coordination with OLhcr 'Pradcs: 1. The contract drawings are diagrammatic and in- dicate the approximate. -location of outlets and materials unless dimensions are shown. Follow the drawings as closely as possible. 2. Examine the contract drawings to logically lo- cate work in coordination with con:;truc.Lion fea- tures such as beams, furring, door swings, and ceilings.. 3. Where conflicts exist, -make adjustments in the installation of the outlets and equipment to avoid interferences. ARTICLE 2 - PRODUCTS AND EXECUTION 2.01 Materials and Equipment: a. Materials and equipment shall be new and listed by ' or bear the label of the Underwriters' Laboratories, Inc., where subject to such approval, and/or shall be approved by the Division of Industrial Safety of the State of California and all local. authori.tiec ' having jurisdiction; and shall comply with ASA, M EE, . OSHA and NEMA standards where applicable; and shall meet the approval of the Architect. b. Electrical equipment- shall be installed in accordance with the manufacturers' instructions or recommendations. ' 2.02 Electrical Service: ' a. Pay all charges in accordance with utility company se.. -vice requirements. b. Notify utility company of coamiencement of work under. this Contract. ' 2.03 Conduit: a. Conduit shall conform to the following: 1. Rigid metal conduit and fittings; Aluminum, or hot -dipped galvanized or sherardizcd steel, with threaded connectors and couplings. Aluminum con- duit shall not be installed in concrete. ' Electrical Work and Fixtures 16100-4 -93- I I ' 2.04 2.05 2. ElecLricaI metallic tubing and fiCtings: Alum- inum or galvanized steel, with compress.i-on type .connecLors and couplings. 3. Flexible steel conduit: "Greenfield", or equal. 4. Flexible conduit connectors and couplings: D & 11 Llectric, or equal. 5. Flexible, liquidti.ght, steel conduit and fittings: "Sealtite", or equal. 6. Rigid plastic conduit and fittings: heavy wall polyvinyl chloride (PVC) of the rodent -resistant type, schedule 40 minimum or heavier as required by utility companies or code enforcing agency. b. Furnish the necessary sleeves, inserts, hangers, anchor bolts, and related structural items. Outlet Boxes: Outlet Boxes, extensions, and covers shall be pressed steel, galvanized, knock -out type, 4 -inch trade size x 1 inch maximum depth to fit in furred channel p.rovi- ded on beam. Conductors: a. All conductors shall be standard annealed copperwire. b. All conductors used for power and lighting shall have a minimum insulation raing of. 600 volts. C. The minimum size of conductors.shall be No. 12 AWG, unless otherwise indicated. d. Conductors shall be solid, copper Type TllY7N except as hereinafter, indicated. e. .Conductors installed in areas subjected to tempera- tures exceeding 140 degrees F., terminating in incan- descent lighting fixtures, and installed through or into housings containing ballasts shall be Type AVA, RIM or THIM. Electrical Work and Fixtures 16100-5 -94- C. Devices not specified o;: indicated: Provide devices as required by the equipment being controlled and as recommended by the equipment manufacturer. 2.07 Device Plates: ' a. Provide plates for all switches, receptacles, junc- tion boxes and other outlets. b. Device plates shall be smooth plastic minimum 100 2.06 Wiring Dovices: ' 2.08 Bonding and Grounding: a. Local lighting switches: specification grade, quiet, rated 20 amperes at 125/2.77 volts AC only; single whether or not indicated. pole, Sierra Cat. No. 5021 BK, Black Finish. b. Duplex convenience outlets: Specifications grade, rated 20 amperes at 125 volts. Piovi.de bonding ' jumper on all receptacle. Sierra Cat. No. 1462 BK, Black Finish. ' C. Devices not specified o;: indicated: Provide devices as required by the equipment being controlled and as recommended by the equipment manufacturer. 2.07 Device Plates: ' a. Provide plates for all switches, receptacles, junc- tion boxes and other outlets. b. Device plates shall be smooth plastic minimum 100 inch thick Sierra 'P' line, Black Finish. ' 2.08 Bonding and Grounding: a. Provide bonding and grounding in accordance with all requirements of applicable codes and ordinances, whether or not indicated. ' b. Resistance to ground shall be 25 ohms or less. C. Make all connections within metallic raceway systems secure and tight, and bond, where required, to in- sure adequate ground continuity, including all con- nections at switchboards, panelboards, junction and outlet boxes, gutters, raceways, motors, apparatus, ' and other. metallic materials equipment. d. Provide a green insulated copper grounding conductor, ' properly connected for electrical ground continuity, in all nonmetallic raceways used for sub -feeder and branch circuit wiring. Size conductor as required by applicable codes or as indicated, whichever is larger. ' Increase size of conduit as required for inclusion of ground wire. 2.09 wiring Methods: ' a.' Wiring shall consist of insulated conductors installed in. rigid metal conduit, except that el.ectr.ical metal- lic tubing, plastic conduit and flexible steel conduit: , may be used as permitted by local authorities having jurisdiction. Electrical Work and Fixtures ' 16100-6 -95- 1. Conduit underground 6r tinder slab may be in ' lieu of rigid gal.vani.zed steel conduit polyvi- nyl. chloride (PVC) schedale 40 minimum, orovi- (led such conduit J, installed with a m.ini.mum of ' 24 inches cover. 2. Joints in rigid conduit installed in concrete or brick shall be made liquid and gas-tight, with ' red lead and oil, or other approved joint com- pound, and shall engage not less than five threads. 3. E.M.T. may be used in above grade. b. Take extra care in drilling holes for installation of conduit to minimize size of holes and keep damage to an absolute minimum in this building of historical value.value. Excess damage caused by this contractor will be solely his responsibility. C. Support: Conduit shall be supported at intervals of not more than 10 -feet, and within 12 -inches of outlets or wiring enclosures. Flexible steel conduit shall be supported at intervals of no;: more than 3 -feet, and within 12 -inches of the outlets of wiring enclosures. d. Where outlets are shown at the same location, they shall be installed at the sane height, in line and closely adjacent, unless otherwise noted. e. At outlets, junction boxes, fittings, etc., conduc- tors shall be looped or pigtailed to extend at least 6 inches without splice beyond such wiring enclosures, and where used, pigtails added to loops for connection to fixtures or devices shall be at least 0 inches ' long. At pull boses the above shall apply only where shown or specified. f. Each circuit shall correspond to the branch circuit number indicated. g. Color code all branch circuit wiring. Each phase ' shall be the same color throughout the system, and shall be a different color from the other phases. The identified or neutral conductor shall be white. ' h. Neatly arrange and lace all conductors in existing meter -panel. 2.10 Identification of Circuits: ' a. Ident.i.fy new sub -feeder in panel schedule in exist- ing meter -panel on existi.ng,m,ain building on site. ' Electrical,-taork and Fixtures 16100-% 2.11 Lighting Fixtures and Lamps; ' a. Track lighting shall be supported in accordance with the recommendations of the manufacturer:;, including any special structural supports indi- cated by the manufacturer to be required, or as otherwise shown on the Drawings. ' b. All lighting track and fixtures of one type shall be of one manufacturer, and of identical finish and appearance. c. Accurately locate outlets, connector and light track on ceilings as indicated on plans, or. ele- vations. Where this is impossible due to field ' conditions, work out an alternate layout which 'is acceptable to the Architect. d. Incandescent lamps shall be inside frosted, unless ' otherwise noted, of the same manufacturers. Faulty lamps shall be removed and new lamps installed, 'leaving fixtures properly operating. 1. Labels: Fixtures shall be inspected, approved, and labeled by the Underwriters' Laboratories, ' Inc., for the application required as shown on Drawings. e. For fixture types, see drawings. ' 2.12 Clean-up: Accumulated debris, rubbish, and surplus material from electrical work shall be removed at frequent intervals ' to avoid fire or safety hazard. The entire project shall be __eft in a clean and acceptable condition upon completion. Equipment, fixtures, track, switches, and other devices shall be cleaned of foreign matter. Fin- ' ished suri'aces shall be restored to their original tex- ture. Lighting fixtures shall be cleaned, metal and ' glass work polished, and lamps wiped clean. r 1 Electrical Work and Fixtures I ` 16100-8 -97- , r 32400 PASEO ADELANTO j SAN JUAN CAPISTRANO. CALIFORNIA 92675 a PHONE 493./1 ." April 9, 1980 D. W. Contracting Company 1504 Caribbean Way Laguna Beach, California 92651 Re: Completion of Parra Adobe Gentlemen: Enclosed is a copy of Resolution No. 80-4-2-1, which was adopted by the City Council at their meeting of April 2nd. The Resolution accepts the work completed for the Parra Adobe Rehabilitation in the amount of $42,648. The Council directed that the balance due in the amount of $2,144.16 be payable immediately. The 10% retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on April 4, 1980; therefore, the final payment in the amount of $4,214.80 may be released on May 9, 1980. Very truly yours, (MRS) MARtANN HANOVER, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works Administrative Services r y 32400 PASEO AOELANTO 4 ^'f SAN JU NMC PS 0. O, CALIFORNIA 92675 NE,49�3.11 771 fj February 25, 1980 D. W. Contracting 1504 Caribbean Way Laguna Beach, California 92651 Re: Change Order No. 2 - Parra Adobe Renovation Gentlemen: At their meeting of February 20, 1980, the City Council approved Change Order No. 2 in the amount of $3,000 for additional material and work on the Parra Adobe Renovation necessary due to the determination that the existing floor cannot be salvaged and must be replaced. If you have any questions, please do not hesitate to Very truly yours, (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cj cc: Pam Hallan acorly .. .. - . . o .... NAME AND WDRESS OF AGENCY George F.J. Hill Insurance Agency, Inc. COMPINIES AlFORDIN3 COVERAGES P.O. Box 837 J Laguna Beach, California 92652 DMPANY LETTFR A Transamerica Insurance ---- — COMPAIN Q -- LEITER v Fremont Indemnitv Company NAME AND ADDRESS OF INSURER /� COMPANY ■ David Forrest Whitegon LETTER V DBA D.W. Contracting Company COMPANY p 1504 Caribbean Way LETTER Laguna Beach, Ca 92651 COMPANY C G LETTER This is to c'+rtify the! policies of insurance listed Delow have beer issued to the insured named above an 1 are m fort a at this tin =. Notwithstanding any reaulrement, term or condition of any con ract or c Cher document with respec to which this certificate may ce issued or may perta t the Inset ince afford d by the policies describe' herein is subject to all the terms, exc usions ad conditions of such polic as. Limits of Liability_ n Thousands (000) COMPANY LETTER TYI F OF INSURANCE F IlICY NUMBEF POLICY E PIRATION ATE AGGREGATE i�— EACH O..URRENCE GENERAL LIABILITY e0DILY INJURY 8 $ COMP iEHENSIVE FORM PREM 3ES—OPERATIONS 'ROPERTY DAMAGE $ $ [ EXPiLLC SSIODN AND COLLAPSE A HAZARD j UNDEI GROUND [ PROD++CTstcoMPLETED 11537025 12/29/79 ORE RATIONS HAZARD BODILY INJURY AND CONTI ACTUAL INSURANCE 'ROPERTY DAMAGE $ 1,00 SCSL BROAI FORM PROPERTY COMBINFD DAK AGE INDEP NDENT CONTRACTORS PERSCFAL INJURY PERSONAL INJU` $ AUTOMOBILE LIABILITY 6DDTY t LJ COMPPFHENSIVE FORM .EACHPEIwuI>1'RSON' BODILY INJURY ACCIDENT) O W NE i _!EACH A HIRED "ROPLRTYDAMAGE g� DoNON( ANED 11537025 12/29/79 OY INJURY AND D°'L PROPERTY DAMAGE it 1,000 ---_-- COMBR ED -- EXCISS LIABILITY -- — —�---- — 'T CJ UMBR-LLA FORM B0011 ( INJURY AND PROPFRIV DAMAGF $ $ C� OTHEI THAN UMBREIA A COMBINER FORM WORKER', ;'COMPENSATION STATUTORY B WN78 76153 12/29/79 $ 2,000 EMPLOYEandLIABILITY ifxauCU FHNr, OTHER DESCRIPTION )F OPER TIONS/LOCATIONSNEHICLE { All operations of the named insured i ed Canes Elation: Should any of the above despolicies be cancelled before the expiration date thereof, the issuing com pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. A ADDITIONAL INSURED L UR _ N AND ADORE 55 CERT II HOLDER City of San Juan Capistrano DATE ISSUED November 13. 1979 32400 Paseo Adelanto San Juan Capistrano, Ca 92675 A ORIZE REPRESENTATIVE a ACORD 25 (L]'.p INTERINSURANCE EXCHANGE of the AUTOMOBILE CLUB Oh' N AAA S01U7THERN CAMFORNIAL yRN�AF�� 2601 SOUTH FIGUEROA STREET, LOS ANGELES, CALIFORNIA 90001 IIre Interinsuunce Exchange of the Automobile Club of Southern California hereby acknocie(lgos Itself hound to the named insured for the coverages specified In the schedule subject to all the provisions of the Exchange's applicable policy form_ The issuance of an endorsement covering the autonlohde or trailer described herein shall void this binder. A pro rata plern iL,in charge computed for the term of coverage In accordance with the current rates of the Exchange in effect at inception of the binder will be IN unless such a policy or policy endorsement u isxlecl_ This binder shall not be construed to afford cu mulatIVC Insurance with any existing pobry. CAR YEAR TRADE NAME MODEL THAN$ CYL IIP CC TYPF OF BODY TRUCK C. VW) IDENTIFICATION NUMl3E(1LAS STA �DIGI rS11)I r'1 _ j II I SALE OF DE LIVERY -ACTUAL COST ORIGINAL COST SPORTSMAN$TO_P 4WHEEL 2WAV RADIO r .I ,,) ❑ YLS❑Nopi DRIVE vLG❑Nop - .,. CAMPING UNIT OTHER �� I)s.rl YFs❑No❑ YFs❑No❑ o .. ❑ - _ ORIGINAL11 ❑ <�l%. COST NEW s NOTICE TO LIENHOLDER IN IHC EVEPII til CANCELL.VT ON OF 11115 F1NDF_R EHL'. FXCHANGF IIL�].�[�l1:r11F7• NOI ICE OF T. r♦ R:';I�ryfii. Aut,)MONIL IS FFU�LLY�PA�ID FO RAND IHLAPPLICANT IS TIE SOL F ARE) TINCONDITIONAL OWNER THEREOF LXCF IF AS TO I_ LOWS' n+,If y'i r Az t l �' -L CA �,,.,.. BINDER OF IF Al FR INTERINSURANCE EXCHANGE of the AUTOMOBILE CLUB Oh' N AAA S01U7THERN CAMFORNIAL yRN�AF�� 2601 SOUTH FIGUEROA STREET, LOS ANGELES, CALIFORNIA 90001 IIre Interinsuunce Exchange of the Automobile Club of Southern California hereby acknocie(lgos Itself hound to the named insured for the coverages specified In the schedule subject to all the provisions of the Exchange's applicable policy form_ The issuance of an endorsement covering the autonlohde or trailer described herein shall void this binder. A pro rata plern iL,in charge computed for the term of coverage In accordance with the current rates of the Exchange in effect at inception of the binder will be IN unless such a policy or policy endorsement u isxlecl_ This binder shall not be construed to afford cu mulatIVC Insurance with any existing pobry. CAR YEAR TRADE NAME MODEL THAN$ CYL IIP CC TYPF OF BODY TRUCK C. VW) IDENTIFICATION NUMl3E(1LAS STA �DIGI rS11)I r'1 _ j II I SALE OF DE LIVERY -ACTUAL COST ORIGINAL COST SPORTSMAN$TO_P 4WHEEL 2WAV RADIO r .I ,,) ❑ YLS❑Nopi DRIVE vLG❑Nop - .,. CAMPING UNIT OTHER �� I)s.rl YFs❑No❑ YFs❑No❑ o .. ❑ - _ ORIGINAL11 ❑ <�l%. COST NEW s SCHEDULE AUTOMOBILE INSURANCE LIMITS OF LIABILITY ✓" Indicates Coverage bound and afforded Bodily injury Llzbllity Not Less Than $15,000 each person , $30,000 each occurrence Property Damage Liability Not Less Than $10,000C,301 occurrencet � Med� - cal Payments Not L'_" ess Than $2,000 each person ,� l ) sured Motorist $15 000 each person $30 000 each a ident Comprehensive rehenslve Inc_ Fire and Theft) (a) Actual Cash Value ,� (i)) Stated Amount of $ (c) Actual Cash Value less $ deductible Pire and Theft only (a) Actual Cash Value (b) Stated Amount of Its Collision (a) Actual Cash Value less $ deductible - �� L. (b) Stated Amount of $ less $ deductible V.S.I. (Conversion Fmbezzlement, Secretion only This binder shall expire 60 days from the effective date of may be canceled by the named insured at any time during such 60 day period_ The Exchange may cancel this binder by mailing to theTamed insured at the address shown above written notice stating when, not less than 10 days thereafter, such cancellation shall be effective. I mailing of such notice shall be sufficient proof of notice. District Office -_ �_ _ L�-'y'L6�-� -q- — - - - - ACSC Management Services, Inc. 1 / ��/'p Y y ATTORNEY -IN FACT By - - --- --G.`�----_--J----1G- --- -- Aumonaee F euresenl atly 31476 E-11-78 NOTICE TO LIENHOLDER IN IHC EVEPII til CANCELL.VT ON OF 11115 F1NDF_R EHL'. FXCHANGF WILL GIVE THE LIEN1101 OFR le DAYS' wR fFEN NOI ICE OF CANCEL LAI ION_ Aut,)MONIL IS FFU�LLY�PA�ID FO RAND IHLAPPLICANT IS TIE SOL F ARE) TINCONDITIONAL OWNER THEREOF LXCF IF AS TO I_ LOWS' MlacaN'E3.TR l �' -L IF Al FR _ETE5B-3, / _ R C ZIP C onE SCHEDULE AUTOMOBILE INSURANCE LIMITS OF LIABILITY ✓" Indicates Coverage bound and afforded Bodily injury Llzbllity Not Less Than $15,000 each person , $30,000 each occurrence Property Damage Liability Not Less Than $10,000C,301 occurrencet � Med� - cal Payments Not L'_" ess Than $2,000 each person ,� l ) sured Motorist $15 000 each person $30 000 each a ident Comprehensive rehenslve Inc_ Fire and Theft) (a) Actual Cash Value ,� (i)) Stated Amount of $ (c) Actual Cash Value less $ deductible Pire and Theft only (a) Actual Cash Value (b) Stated Amount of Its Collision (a) Actual Cash Value less $ deductible - �� L. (b) Stated Amount of $ less $ deductible V.S.I. (Conversion Fmbezzlement, Secretion only This binder shall expire 60 days from the effective date of may be canceled by the named insured at any time during such 60 day period_ The Exchange may cancel this binder by mailing to theTamed insured at the address shown above written notice stating when, not less than 10 days thereafter, such cancellation shall be effective. I mailing of such notice shall be sufficient proof of notice. District Office -_ �_ _ L�-'y'L6�-� -q- — - - - - ACSC Management Services, Inc. 1 / ��/'p Y y ATTORNEY -IN FACT By - - --- --G.`�----_--J----1G- --- -- Aumonaee F euresenl atly 31476 E-11-78 LAN JJ., 32400 Pf—EQ nocLAr. ro - u I— , -„” 61A 9.6/5 FNONL E93-1171 November 9, 1979 Charles Wall G.E. Leach Construction 31181 Mountain View Road Trabuco Canyon, California 92678 Re: Renovation of Parra Adobe - Bid Date October 26, 1979 Dear Mr. Wall: 0 At their meeting of November 7, 1979, the City Council awarded the contract for the renovation of the Parra Adobe to D. W. Contracting Company. Enclosed please find your Cashier's Check in the amount of $6,188.80 from Peoples Federal Savings and Loan Association, submitted with the bid bond for the above-mentioned project. Very truly yours, ,)"7�/2 (MRS) MAX( ANN HANOVER City Clerk MAH/cdc Enclosure cc: Director of Public Works Pam Hallan E 01 O � I 00 ti M i co 10 C N _ Cca v w n, - rR ` w O Ln o � - U a A U i' 11 » - - 1a C 01 O ti C N _ Cca v w .. - rR ` w O T � A U 32400 PASHO ADELANI'0 " SAN JUAN CAPISTR ANO. CALI!'ONNIA 92675 1 ' PHONE 493.1171 November 8, 1979 D. W. Contracting Company 1504 Caribbean Laguna Beach, California 92G51 Re: Award of Bid - Parra Adobe Renovation Gentlemen: At their_ meeting of November 7, 1979, the City Council awarded the contract for the renovation of the Parra Adobe to your company. Enclosed are two contracts; please sign both and return the "City Copy" with all required bonds and insurance back to this office. The contract documents are to be executed k -y your company within 15 days of this notice. I am enclosing Pages 13, 43 and 44 of the bid document for your information. Please note the provision on Page 13 for bonds required by the City and the insurance provisions on Pages 43 and 44, which must be met before the contract is effective. If I can be of any help to you, please do not hesitate to call my office. Thank you for your cooperation. Very truly yours, (MRS) MARY ANN HANOVER City Clerk MAH/cj Enclosures cc: Director of Public Works Pamela Hallan CC[ rLCATiON. %VRous !N6 ilg1j, Y� 9 y V DE3 ' r. PHONE y _E___LCAS r1