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1981-0303_DW CONTRACTING_Contract
0 13567 9 BK 13976PG 1102 ,. RECORDED AT THE REQUEST OF AND RETURN TO: EXEMPT C 8 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 City'bf San Juan Capistrano— Office of the Cit Clerk may! 32400 Paseo Adelanto -Mary An anover, City Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of San Juan Capistrano, California, to D. W. Contracting Company, 1504 Caribbean, Laguna Beach, California, 92651, who was the company thereon for doing the following work, to wit: MONTANEZ ADOBE REHABILITATION 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 3rd day of March 1981, by Resolution No. 81-3-3-5 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 6th day of March , 19 81. Mary Ann,,� anover, City Clerk of the City 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 6th day of March , 1981 (SEAL) a�Z -Z4 Mary An?/Hanover, City Clerk of San Juan Capistrano BK 13976 PO 1 103 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 5 asst 2 P M MAR 101061 LEE A. BRANCH, County Recorder "CITY COPY" cbrrt u 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 HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. 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 MONTANEZ ADOBE REHAB TT.TTATTnw 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 Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. 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- FOURTH. C0MMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified 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. FIFTII. PERF0RMANCE BOND AND LABOR AND 1,IA77RIAL 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- fornia, on forms approved -by City. The Performance Bond shall be for.an amount of one hundred percent (1000) 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 shall 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 Specifications. SIXT1I. GENERAL PREVAILING PATE OF PER DIEM 1YAGES. Pursuant to the Labor Code of the State of California, copies of the pre- yailing rate of per diem wanes, as determined by the Director of the Static Department; of Industrial Relations, arc on file in the office of the City Clerk, 32400 Paseo Adelant:o, San Juan Capistrano, California, and arc hereby incor.porated•and made a -16- part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shill 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 Workmen's Compensation Insurance in amounts as required by the Specifications. EIGHTH. COMPLIANCE WITII OTHER PROVISIONS OF LAW RELATI�7E ATO 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 shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract 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. i DATED: September 3, 1980 DATED: Ct I O- 'b, w. -17- CY'YY OF CA PI STX{ANO / MA YOR CITY CLERK D. W. CONTRACTING COMPANY CONTRACTOR � By A AGENDA ITEM February 21, 1979 TO: James S. Mocalis, City Manager FROM: Pamela Hallan, Secretary, Cultural Heritage Commission SUBJECT: Request for Amendment to HCDA Application to Include $15,000 (Montanez Adobe) SITUATION: At one time the County of Orange had earmarked $15,000 from Housing and Community Development Act funds for the Montanez Adobe restoration. When it appeared that the County would be unable to proceed with the project the funds were reassigned. Now that the City has agreed to assume the project, the Cultural Heritage Commission would like to pursue reallocation of the $15,000 to the project. The Commission respectfully requests that Council direct staff to investigate an amendment to the City's HCDA Project to include funding for the Montanez Adobe. FINANCIAL CONSIDERATIONS: An additional $15,000 would be helpful since the original project estimate was $93,000, the City has only $63,000 in the Cultural Heritage reserve, and the County's revenue sharing allocation is under $20,000. ALTERNATE ACTIONS: 1. Direct staff to investiage an amendment to the City's HCDA project to include funding for the Montanez Adobe project. 2. Request further information. 3. Take no action. RECOMMENDATION: By motion, direct staff to investigate an amendment to the City's HCDA project to include funding for the Montanez Adobe project. Respectfully submitted, /J ©layer. /\/' 41r PH:pes FOR CITY CUUNCIL AULNUA 0 L10 11 • 4. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT MONTANEZ ADOBE (D.W. CONTRACTING) '/(23) Written Communications: (38) Report dated March 3, 1981, from Pamela Hallan, Adminis- trative Assistant, that the rehabilitation of the Montanez Adobe has been completed. The payment status is as follows: Total project cost $86,819.00 Less 108 retention 8,681.90 Total due to date _ , 7. 0 Previous progress payments $78,137.10 Amount Due this Payment -0- Accc Lance of Work: T -ha fo7�lowing Resolution was adopted: RESOLUTION NO. 81-3-3-5, COMPLETION OF MONTANEZ 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 MONTANEZ ADOBE The Resolution accepts the work and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days; payment of the 108 retention was authorized 35 days after recordation of the Notice. 3/3/g1 C` J El AGENDA ITEM March 3, 1981 TO: James S. Mocalis, City Manager FROM: Pamela Hallan, Administrative Assistant SUBJECT: Resolution, Notice of Completion and Final Report - Montanez Adobe (D. W. Contracting) SITUATION: The Montanez Adobe has been completed. This capital project was con- structed with funds encumbered from the 1980-81 budget; it is now ready for acceptance by the City Council and recordation with the County. FINANCIAL CONSIDERATIONS: The current payment status is: Total project cost $86,819.00 Less 10% retention 8,681.90 Total due to date 8,681.90 Previous progress payments 78,137.10 Amount Due 8,681.90, This project has $56,000 budgeted for this fiscal year and two grants amounting to $34,883.16. Grant payments have been requested, but have not yet been received. The project was approved for $85,619.00 at the City Council meeting of September 3, 1980. A change order, adding $1,200 to the contract amount, was approved on January 8, 1981. ALTERNATE ACTIONS: 1. Accept the project as complete. 2. Do not accept the project as complete. 3. Request further information. ------------------------------------------- ------------------------------------------- RECOMMENDATION: 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 performed under the contract is $86,819.00. Direct staff to release the 10 percent retention thirty-five (35) days after recordation of the Notice of Completion. Respectfully submitted, Pamela Hallan FOR CITY COUNCIL AGENDA ... .... PMH:ch l R&UTION NO. 81^3-3-5 . COMPLETION OF MONTANEZ 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 MONTANEZ ADOBE WHEREAS, on the 3rd day of September, 1980, the City of San Juan Capistrano entered into a contract with D. W. Contracting Company, for the rehabilitation of the Montanez 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 $86,819.00. 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 the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of March 1981 , by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: CSTY CL�JJIfK Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer None IJr.=1 -1- 171 7. APPROVAL OF CHANGE ORDER NO. 1 - EXTENSION OF TIME MONTANE2 ADOBE REHABILITATION 1 38) As set forth in the report dated November 19, 1980 from (23) Pamela Hallan, a 60 -day time extension to January 27, 1981, was approved due to required replacement of additional wood members damaged by termites. _ 1/1 1 /go AGENDA ITEM TO: James S. Mocalis, City Manager Ll November 19, 1980 FROM: Pamela Hallan, Administrative Assistant SUBJECT: Request for Extension of Time - Change Order No. 1 - Montanez Adobe (D. W. Contracting Company) SITUATION: D. W. Contracting is requesting a time extension of 60 days to complete the Montanez Adobe project. The delay is caused by the discovery of additional wood members which have to be replaced because of termite damage. FINANCIAL CONSIDERATIONS: None ALTERNATE ACTIONS: 1. Approve the change order and extend the contract to January 27, 1981. 2. Deny the request. RECOMMENDATION: By motion, approve the change order and extend the contract to January 27, 1981. Respectfully submitted, Pamela Hallan PMH: ch 3 FOR CITY COUNCIL AGENDA ... Change Order No. Date • 1 11/19/80 y Project No. 06-4706_-524 CCHTRACI CHANGE ORDt.R • ` Begi ping Contract Date ___-8 _ _� b Contract Amount $_ 85,619 Previous Change Orders $ -0- - Location Montanez_Adobe This Charge Order $� -0- San 0^San Juan Capistrano Adjusted Contract $ 85,619 Item �^ T Decrease In Increase In �Na. Description of Chancees _ Contract Price Contract Price 1 Time Extension —.60 days —0— —0— Change In Contract Price Due to This Change Order Net Change In Contract Price TIME SCHEDULE: Total Contract Days 90 Amount Prior C.O.(s) V _;0L_ Amount This C.O. Adjusted Contract Days 150 New Date of Completion _jz� $ -0- ACCEPTANCE: DATE: Accepted by ' ,o -n -Jo � J Recommended by: Approved BIDS, CONTRACTS, AGREEMENTS 1. AWARD OF CONTRACT, MONTANEZ ADOBE RESTORATION (D.W. CONTRACTING CO.) -2-_ 9/3/80 V(23) Written Communications: (3B) Report dated September 3, 1980, from Pamela Hallan, Administrative Assistant, advising that one bid was received on August 27, 1980, for restoration of. the Montanez Adobe located at 31745 Los Rios Street. The report advises that a total of $91,000 is budqeted, consisting of $56,000 from Systems Development funds, $20,000 from County Revenue Sharing funds, and $15,000 from HCDA funds. Bid award is recommended due to the firm's experience with adobe restoration. Award of Contract: It was moved by Counclman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the contract for restoration of the Montanez Adobe to D. W. Contracting Co. of Laguna Beach in the amount of $85,619 and to authorize the Mayor and City Clerk to execute the contract on behalf o£ the City. AGENDA ITEM 9 0 September 3, 1980 TO: James S. Mocalis, City Manager FROM: Pamela Hallan, Administrative Assistant SUBJECT: Award of Contract - Montanez Adobe SITUATION: On August 27, 1980, one bid was received for the restoration of the Montanez Adobe. The bid was from D. W. Contracting of Laguna Beach in the amount of $85,619. Even though only one bid was received, staff is recommending award of the contract to D. W. Contracting because of the firm's past experience with adobe restoration and its established competence in this field. FINANCIAL CONSIDERATIONS: Funds in the amount of $56,000 are budgeted for this project from systems development revenues. In addition, there is $20,000 budgeted from Orange County Revenue Sharing and $15,000 from HCDA funds, bringing the total to $91,000. ALTERNATE ACTIONS: 1. Award the contract for the Montanez Adobe restoration to D. W. Contracting in the amount of $85,619, and authorize the Mayor and City Clerk to execute the agreement. 2. Reject the bid and call for additional bids to be received. RECOMMENDATION: By motion, award the contract for the Montanez Adobe restora- tion to D. W. Contracting Co. in the amount of $85,619 to be paid from systems development fees, County revenue sharing and HCDA funds, and authorize the Mayor and City Clerk to execute the agreement. Respectfully /esuubmmiitttted, Pamela Hallan PMH: ch FQR QITY WUNCil AGENDA fJi All cormipw4e a twF- BARKER BOW6 $85 Carondebt $i . Igeles, CalHornb 9O�J� (213) 383.2168 BOND NO. OSM 557 268 856--- - _ - —_ AMERICAN MOTORISTS INSURANCE COMPANY PERFORMANCE BOND - CALIFORNIA _ PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That we D.W. CONTRACTING as principal, and AMERICAN MOTORISTS INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Illinois and authors_.ed to transact surety business in the State of California, ,s Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO in the sum of EIGHTY FIVE THOUSAND SIX HUNDRED NINETEEN AND NO/100-------- `$ 85,619.00 -------- � 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, iointl.y and severall-, firmly by these presents. The condition of the foregoing obligation is .,uch that, whereas the above bounden Principal has entered into a contract dated SEPTEMBER 3RD 1980 , with said CITY OF SAN JUAN CAPISTRANO to do and perform the following work, to -wit: MONTANEZ ADOBE RESTORATION PROJECT. 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 SEPTEMBER 18TH 1980. AMERICAN MOTORISTS INSURANCE COf,IPAN'i BY: STEPHE C. KOLB Attorney_inFact D.W. CONTRACTING BY: G DAVE W. WHITEGON, OWNER G - wi, N ,IDD ER . (.J . C b 4fZ� n) AMOUNT Mo BI D PROPOSAL For the: Renovation of Montanez Adobe From: w. contractor To the honorable City Council C4ty of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined 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 herebv proposes and agrees, if the pro- posal 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: �/' Ivy / / / / � � • Said amount 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 30 _ days. -4- All bids are to be computed on the basis of the given Estimated quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids. It is understood that the City does not expressly nor by implication agree that the actual amount of work will corres- pond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this A proposal. Accompanying this proposal is /3.�6✓3 6o. (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%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: -5- BID PROPCI AL C ONTINLT+7 ALTERNATE A: Substitute job built adobe bricks for man- ufactured/purchased adobe bricks. Add/subtract DEDUCTIONS 70 BID PRCPCSAL: Deduct aimunts for deleting the work shown below. 1. Whitewash and whitevrash application. 2. Adobe masonry and mud plaster repair and all new adobe construction through- out (but not including installation of new door lintels). P� 2 .x'00 The contract will be awarded to the qualified bidder with the lowest Base Bid, provided it doesn't exceed the Federal Grant amount. Should the Base Bid exceed the grant amount, the City Council reserves the right to reject all bids or delete one or more of the items of work, in the numerical order in which they are listed, in order to produce a net total which is within the grant amount. 5a. I -A t QG- `o vl-`3 69� ra'41 jak 4 4's it r 5 _ Licensed in accordance with an act providing for the registration of contractors -- License No. 27253 Signature of Bidder: (If a 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: 6 "- Z1-80, Business Address Iq7 - 4z2 -Q Phone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. 2V An ,o -8--27-630 Signature of Bi r Date �4 7 - 4-220 Phone Number -6- PaOIJ—COLLUSION AFFIDAVIT TO LE EXECUTED BY BIDDER AND SUMITTED WITH BID STATE OF CALIFORNIA ) County of i9"M66 ) ss. being first duly sworn deposes and says that he is of 0. A2. g:!!2tVZ Pz.(1'/AA!57 Cd • 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 -efrain 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- J ON d /l Ga- 4 %r 2 before me, the undersigned, a Notary Public in and for said State, personally appeared 1�>• JWA 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. -7a- OFFICIAL SEAL WILLIAM L. GARMDN w� _ NOTARY PL, "LC- BALIFORNIA PRINCIPAL OFFICE IN ./ .. ORANGE COUArY o MY Wmmiwon Exp, AW M -7a- DESIGNATION OF SUB -CONTRACTORS 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 WORK SUB -CONTRACTOR ADDRESS PHONE NO. -,-)s-131;3 AUTHORIZED SIGNA so cO fs6rac1 pol WResP "D AL 131kRKER BANDS 6�n ..^�ronde►et St 7 Lca.. as, csfA3� or" it%.3) t BOND NO. 9SM 551 274 Q BID DATE 8/27/80 AMERICAN MOTORISTS INSURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS: That We, D.W. CONTRACTING as Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY, 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 TWELVE THOUSAND FIVE HUNDRED AND NO/100($12,500.00) DOLLARS, 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 shall make any award to the Principal for: MONTANEZ ADOBE RESTORATION PROJECT. 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 exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. Signed, Sealed and Dated this 15TH AUGUST 1980. AMERICAN MOTORISTS INSURANCE COMPANY BY: STEPHE C. KOLB , Rio rney-in-Fact D.W. CONTRACTING BY: IL DAVE W. WHITEGON, WN R STATE OF CALIFORNIA I ss. COUNTY OF LOS ANGELES 1 RICHARD G. PARK NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY Commission EIIB. Aug. 6, 1982 ON AN 1 5'1980 19 — , before me a Notary Public m and for said State, personally appeared tephrn r. Kerb 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 acknowledgPd tc me that he subscribed the name of said Company thereto ,Is Surety, and his own name as Attorney In Fact. ,[F�✓i��l�� Ate/ /�i`�ic— Notary Public STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES) RICHARD G. PARK NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY Commission Exio Aug. 6, 1932 ON SEP 1 8' t980 19 — ,before me a Notary PL btl �n and for said State, personally appeared Stephen C. Kolb 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 ,is Surety, and his own name as Attorney in Fact. y�eav Notary Public STATE OF CALIFORNIA I ss COUNTY OF LOS ANGELES) RICHARD G- PARK NOTARY PUBLIC - CALIFORNIA pmNCIPAL OFFICE IN LOS ANGELES COUNTY r Commission EAp. Aug 6, 1982 ON SEP 1 8'1980 19—.before me a Notary Public in and for said State, personally appeared $tenhpn /:_ Knlh known to me to be the person whose name is subscribed to the within Instrument as the Attorney inFactof AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto ,Is Surety, and his own namy-os AttorneyinFact. Notary Public 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 its true and lawful agent(s) and atiorney(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 SIX HUNDRED THOUSAND DOLLARS 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 American 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 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 affixed by tacsimife 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 l l th day of OntohPr —,1979— Attested ,1979— Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY C. G. Swan, Secretary I1, L Kennicott, Ir.. STATE OF ILLINOIS It. ss COUNTY OF McHENRY I I, to 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 My commission expires: March 21, 1982 Jo Anne Krein, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated October l l .1979 on behalf of Stephen C Kol h- MA= M Sullivan & Tames H. Restrick of Los Angeles, CA (EACH)******************* 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 corpprate seal of the American Motorists Insurance Company on this This Power of Attorney limits the acts of those named thf therein, and they have no authority to bind the Company FM836 6-78 1M Power or Attorney—Term day of AUG 1 5 19130 19_. Os�/ —4 1 Sven L. Johanson, Secretary !rein to the bonds and undertakings specifically named except in the manner and to the extent herein stated. PRINTED IN U 5.A. AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 c POWER OF ATTORNEY 1 - - Know All Men By These Presents: Thai 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)*****ir+r***+r�r+r********�F+ter***�r*+t****+rsE�r*****trsr*at*********+► its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- nins 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 SIX HUNDRED THOUSAND DOLLARS 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 American 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 Vu e President or Seeretao or any Assistant Ser re.u� ,h,ill hake power and aulhorily to ap- point agents and altorneys in fact, and to authorize Ihem to execule on behalf of Ihr (ompdnt, and attach the seal of the compdny thereto, bonds and underlakings, recugnlzances, conlracb of indemnity and othoi rsnlmgs obhgalor,t In the nature Ihereol, and any such otlicer of the company may appoint agents lot acceplance 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 Premdenl, Secrelary or Assistant Serrelai), and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by Iduimile 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 bund 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 __11th -day of 14jS._ Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By L , C. G. Swan, Secretary - 11 I hermit ull, Jr. Vice Presidenl STATE OF ILLINOIS ss COUNTY Of McHENRY I, to 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 arid as their own free and voluntary act for the uses and purposes therein set forth My commission expires: March 21, 1982 Jo Anne Klein, Nolary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated_IIctnhwr 7l , ] 97g_ _ __ on behalf of Stephen-Ot-KQlhr- Mar3r M (SACH)******************* Sill 1iyen & James H Restrick of Los Angeles. GA—_ _ 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. arid 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 of19-____. went Iohanwil 1eUe; Iary 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. WBib 6]H IM PRINTID IN U SA Power ut nm.mry—lc,m 0ln A# C"ftSAendence ta... AL BARKER BONDS 685CarondaietSt AMERICAN MOTORISTS INSURANCE COMPANY BOND NO. OSM 557 268 l08R930W,Cailiomia90057 LABOR AND MATERIAL PAYMENT BOND PR. INCLUDED IN PERF. BOND (213)383.2168 CALIFORNIA - PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That we CITY OF SAN JUAN CAPISTRANO have awarded to D.W. CONTRACTING hereinafter designated as the Contractor, a contract for the work described as follows: MONTANEZ ADOBE RESTORATION PROJECT. 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 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 in the sum of EIGHTY FIVE THOUSAND SIX HUNDRED NINETEEN AND NO/100 ($85,619.00)---------- , said sum being not less than one-half of the estimated amount payable by the said CITY OF SAN JUAN CAPISTRANO 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 `by these presents. THE 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 An 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 SEPTEMBER 18TH 1980. AMERICAN MOTORISTS INSURANCE COMPANY BY: � 57EFMULD Attdrney-i n - alp c t— r1w, BY: PROOF OF PUBLtGANON (2015.6 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 published .................... DAILY ................. .............. __ .............. . 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, 160, 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 slipplement thereof on the following dates, to -wit: August 13 and 20 all in the year 19.80 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 20th day of ...August .............. ......... _., 19.......80 Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714-492-5121 This apace %Pe County Clerk's ring Stamp RECEIVED AN d wr, AM'" CI�'f OF ;AN c.iIU�'� Proof of Publiga "I z ,' � NOTICE OF BID OPENING ......................................................................... _ .. ..................................._._..� Rilli��'1'p� . Agow GIVEN that. t Ci of$04 Juan cae , wOt t t Adobe udH 2:6s i gF' ad the 27tKdgyot A pre titd sthsdt"at;Il lF 22nd day of ,( City offices to' omr troctors.; Copies of Plans. Anil Plus and Dated: Au" 7,1119 " (s)Iilarj Ann ver Clefts city of san duan C NupNpetltJtauye A. Po".,Saa(assn ordoi CWHi da —AUguat l2&20,1990. 'NOTICE OF TRANSMIT`TA4 LEGAL PUBLICATIONS TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: DOCUMENTS) TO BE PUBLISHED: WEDNESDAY, AUGUST 13, 1980 and WEDNESDAY, AUGUST 20, 1980 NOTICE OF BID OPENING - Renovation of the Montanez Adobe PROOF OF PUBLICATION: Please send to: Office of the City Clerk City.Hal-- 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: August 8, 1980 Date of Bid Opening 8/27/80 @ 2:00 P.m. Date(s) notice published 8/13/80 & 8/20/80 Date affidavit received "f, -)I/ 0 Date notice posted in designated posting places (3) 8/13/80 Date notice(s) posted on property n/a Date of mailing notices to property owners n/a 0 6 NOTICE INVITING BIDS RENOVATION OF THE MONTANEZ ADOBE Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the renovation of the Montanez Adobe until 2:00 P.M. on the 27th day of August 1980 . A pre-bid conference is scheduled at 11:00 a.m. on the 22nd day of August , 1980 , 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 , plus a $5.00 charge for postage and handling on all plans and specifications mailed. Dated: August 7, 1980�.2��/K�������%%� CITY CLEIj�C CITY OF AN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2:00 p.m. on the 27 day of Allasr , 1980, receive sealed proposals or bids for the Renovation of the Montane2 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, 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 within 15 days after the written notice that said contrtict has been awarded to him for the work. A pre-bid conference is scheduled at 11:00 a.m. on the 22 day of August, 1980, 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 - 0 0 The successful bidder, 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 calendar 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 per diem wanes, 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 one 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, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. 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- 0 0 This Notice is hereby given and published by order of the City Council of,the City of San Juan Capistrano, and is dated this 7th day of Auaust, 19RO CITY CLER CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- 0 0 AGENDA ITEM August 6, 1980 TO: James S. Mocalis, City Manager FROM: Pamela Hallan, Secretary, Cultural Heritage Commission SUBJECT: Approval of Plans and Specifications and Authorization to Call for Bids - Montanez Adobe (Los Rios Street) SITUATION: Plans and specifications for the Montanez Adobe have been completed and are ready for bid. A copy of the bid package is available for review in the City Clerk's Office. The plans call for removal of the wood additions, reconstruction of the porches, a hard -packed earth floor, and replacement of the cedar -shingled roof. A light steel frame, similar to that in the depot, will provide structural stability as required by the Historical Building Code. The north wall will be rebuilt of adobe and all walls will be whitewashed. The only utility will be electricity. The plans and specifications have been reviewed by the Cultural Heritage Commission and are recommended for approval. FINANCIAL CONSIDERATIONS: The City has budgeted $56,000 for this project. The County has budgeted $20,000 in revenue sharing funds and $15,000 in HCDA funds, bringing the total to $91,000. ALTERNATE ACTIONS: 1. Approve the plans and specifications and authorize a request for bids for the Montanez Adobe project. 2. Request further information. By motion, approve the plans and specifications and authorize a request for bids for the Montanez Adobe project. Respectfully submitted, Pamela Hallan PH: ch FOR CITY COUNCIL AGENDA AGENDA ITEM TO: James S. Mocalis, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Montanez Adobe: Housing and Community Development Agreement SITUATTON May 7, 1980 The City Council, on December 6, 1978, agreed to assume restoration of the Montanez Adobe. As part of the county transfer, the City is able to secure HCD funds previously allocated by the county towards the restoration of the adobe. The funds in the amount of 15,000 can be transferred to the City upon execution of the attached agreement. FINANCIAL CONSIDERATIONS As part of an agreement with the County of Orange, the City has agreed to absorb all administrative, engineering, and planning costs connected with the implementation of the HCD program. This has been done in order to utilize all of the HCD funds for the implementation of the Los Rios Precise Plan, ALTERNATIVE ACTIONS 1. Approve the attached agreement and authorize the Mayor to execute it on behalf of the City. 2. Modify the agreement and authorize the Mayor to execute it. 3. Refer the item to staff for further review. RECOMMENDATION By motion, approve the attached agreement and authorize the Mayor to execute it on behalf of the City. Respectfully submitted, A� ' Y7JMAc.C. Thomas G. Merrell, Director Community Planning and Development FOR CITY COUNCIL AGENDA ..... ....a I I I I I I I I I I I 11 -4 rile:) — I I SPECIFICATIONS, S?EC-L.-,IL pROVISIONSt AND CONT-;�:CT FOR REIMBILITATIM; FOR AF)'PTIVL USE OF THE MONT;UZZ ADOBE Prepared by - CHARLES HALL PAGE & A,sSOCIA=S P tj E.3 L. 9 Ell vu k:74 "dV T -I / 1 1 1 1 1 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS, S?ECTAL PROVISIONS, AND CONTRACT COCU.'IENTS FOR REHABILITATION FOR ADAPTIVE USE OF THE MONTANEZ ADOBE Prepared by CHARLES HALL PAGE & ASSOCIATES CITY COUNCIL GARY HAUSDORFER, MAYOR KENNETH E. FRIESS PHILLIP SCIRiARTZE I JAMES THORPE LAWRENCE BUCHHEIM W. D. MURPHY DIRECTOR OF PUBLIC WORKS - CITY ENGINEER 1980 I 11 LI [1 I 1 TABLE OF OOriMI a"1'6 NOTICE IN'VI'TING BIAS ................................... 1 BID PROPOSAL ........................................... 4 NON -COLLUSION AFFIDAVIT ................................ 7 DESIGNATION OF SUB-CU,,7MACAORS ......................... 8 INSTRUCTION TO BIDDERS ................................. 9 CONTRACT...............................................15 BIDBCIM...............................................18 FAITHFUL PERFORt.IANCE BOND..............................19 LABOR AND MATERIAL BOND................................20 AFFIRMATIVE ACTION DOCUMIIV'IS ...........................21A GENERAL PROVISIO;S.....................................22 SPECIAL PROVISIONS: 1A GENERAL RFQUIMWIS ..........................63 2A DEMOLITION...................................68 2B EARTffi1DRK AND DRAINAGE ....................... 69 3A REINFORCING STEEL ............................71 3B CAST -IN-PLACE ODNCR.E1'E.......................73 4A ADOBE MASONRY................................76 5A STRUCTURAL STEEL..............................79 6A ROUGH CARPEN' RY..............................82 7A ROOF SHAKES..................................85 7B BUILT-UP ROOFING .............................87 7C SHEET METAL ..................................88 8A (DELETED) ....................................89 8B FII4ISII HARDWARE..............................90 9A ADOBE MUD PLASTER ............................91 9B PAINTING AND '11I VASHING....................92 ' 9C FLOOR TILS::...............................96 9D FLOOR TREATjE.N77T..............................97 ' 16A EL.ECTRICAL....... 98 1 11 1 ' 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 ' within 15 days after the written notice that said contr,:ct has been awarded to him for the work. ' A pre-bid conference is scheduled at 11:00 a.m. on the 22 day of August, 1980, 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 - NOTICE INVITING BIDS ' Public notice is hereby given that the City of San Juan day 1980, Capistrano will up to 2:00 p.m. on the 27 of $ugust— , receive sealed proposals or bids for the Renovation of the ' Montanez 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, California. Bids will be received until the time hereinbefore ' stated at the San Juan Capistrano City Hall, 32400 Paseo Adejanto, 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 ' within 15 days after the written notice that said contr,:ct has been awarded to him for the work. ' A pre-bid conference is scheduled at 11:00 a.m. on the 22 day of August, 1980, 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 - I The successful bidder, 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 calendar 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 per diem wanes, 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 one on file in the office ' of the City Clerk of San Juan Capistrano, 32400 Paseo Aaelanto, 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, nonrefundable, is required for ' obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications ' mailed. - 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. 1 1 -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 7th day of August 1980 1 CITY CLERT / ' CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA ' 1 1 ' -3- I 11 1 1 1 1 IPISTRVIION 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 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 It 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 if the Engineer discovers errors, -9- 11 ' omissions, or points requiring 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 1 J No person, firm or corporation 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- ' 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 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 case 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 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. L D C P C' G. Bids shall be delivered,to the City at the location stipulated, on or before the.day and hour set for the opening 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 No 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. ' -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 (100%) 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 ' (90) calendar days from the -date of execution of the contract has specifically 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. ' ' determined by the City pursuant Assignment of Contract "Notice Inviting 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 authority 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 ' 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. 1 1 -14- Attention is specifically directed to all previsions 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. 1 1 -14- I 1 [I 1 E AFFIRMATIVE ACTION DOCUMENTS Compliance with affirmative action requirements is necessary for projects which exceed $l0,00o 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 Interi.or'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 conspieious places available to employees and applicants for employment. 21. a I ' 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 ry 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 ecb— omes 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 br more employees. The City of San Juan Capistrano will pro- vide guidance and assistance in submission of applicable forms at their required time. 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 Non -Segregated Facilities ' DPR 543 — Work Force Report ' DPR 545 — Subcontractors' Certification of Implementation of Area Plan 1 ' 21 c c0 f California -- The Rmources AgaacY W1IMENT OF PARKS AND RECREATION N111LY MANPOWER UTILIZATION REPORT MO I VR PLHIOD : NAME & ADDRESS OF PRIME This report is required by Executive Order 11246, Section 203. COMPANY'S NAME - ADDRESS EST. COMPLETION Failure to report can result in Sanctions which include sus - DATE OF PROJECT pension, termination, cancellations, or debarment of contract. TAN IF A TRIFLE LIANHOLIRS FOR PROJECT IIIIF- 1TRADE ! NO Rr RS EIPNu.a T RATO RS 7 r IT � „ - J A MANHOURS Or EMPLOYMENT ya. v 0 FBF =cam s Zr- 6 TOTAL NO 7 TOTAL NO EM LOYEETT Of FMPLOF.ES EMPLCYf ES A. TOTAL b. BLACK C. SPLN. SUPNAMC OAME0.. INOI AN E. A91A11 r FIPINO LI MALE rTM MALL FLM MALE EEM. MALE FEM 114LC EEM. MOLE EEM. MALE FEM MALE FEM f _ :UCK DRIVERS T rq - - I WORKERS le.C..CCG�CC A -. RPE.NTFRS J ..'i'��■■C IG"" A CC ENT MASONS CCCCCGCC J DC C� IeCCC . A El CT RI CI A N 5 J CC■■ A E IGCCQ�.C�CC..GCGCG..CC A J CC�C.�CGCCCCCGG A J GCCCCC A CG _ C J A .TADI E 11 TOTAL I.IANHOUR%IF PI AH ARFA IINrt TIDING TRIS CONTRArT1 LIF u+ EI L (11 RTr TNr--__._�_ IF 56 I11o1. 71771 IllAylecM F,.aH 1AIA1 rLnPT 757) 21 d le.C..CCG�CC ..'i'��■■C IG"" CC CCCCCGCC DC C� IeCCC CiiiCGMMEN CC■■ E IGCCQ�.C�CC..GCGCG..CC G�G.. CC�C.�CGCCCCCGG CC GCCCCC CG MENEM C LIF u+ EI L (11 RTr TNr--__._�_ IF 56 I11o1. 71771 IllAylecM F,.aH 1AIA1 rLnPT 757) 21 d INSTRUCTIONS FOR FILING MANPOWER UTILIZATION REPORT Reports mutt be submitted each month by the prime contractor and each subcontractor having contracts exceeding $10,000. Federal Hometown Plan Projects — A report on bull, Tables A and 0 is required lobe submitted by every prime and subcontractor every month. If no work is performed, a negative report must be submitted by both the prune and the subcontractor. contractors not meeting plan goals on Table R must submit explanation below stating reasons for this failure. Reporting period — Shall be a one-month period from the 15th of one month to Ute 151h 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 month following the reporting period. The reports are 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. ' Project Number I 1 1 INSTRUCTIONS FOR COMPLETING FRONT SIDE OF FORM DPR 356 . . . . . . . . . . . . . . . . The number assigned to the project by the federal funding agency. %Completed . . . . . . . . . . . . . . . . . . . . Percent of work completed at the end of the reporting period. Compliance Agency . . . . . . . . . . . . . . . . . The local jurisdiction with whom the prime contractor has a contract. Prime Contractor . . . . . . . . . . . . . . Any contractor who has a construction contract with thrt U.S. Government or Applicant (See OFCC 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 signatory under Part 1, 3. Class . . . . . . . . . . . . . . . . . . . . The level of accomplishment or status of the worker in the trade. (J - Journeyman, A ' -Apprentice, T -Teamsters, OO - Owner Operators). 4. Man-hours of Employment . . . . . The total number of hours worked by all employees in each classification; and the total number of hours worked by each minority group (Black, Spanish Surname, American Indian, Asian, and Filipino) in each classification, 5. Percent of minority man-hours of total man-hours . . . . . . . . . . . . . . The percentage of total minority man-hours worked of all man-hours worked. (Journeyman and Apprentice). 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. 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 S7gn8nero of Company Official _ r District Comments Only Signature 21 e I J 1 1 State of California — The Resources Agency DEPARTMENT Or PAR rS AND RECREATION CERTIFICATION WITH REGARD -TO THE FILING OF REQUIRED REPORTS IN PREVIOUS CONTRACTS 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 Contract Compliance, a Frderal Government contracting or admini-.tering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. , (Company) (Title) Date: NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR GO -1.70)) (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.) 1 C 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. DPR 540Illev, 2/77) 21 f Cl State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRECONSTRUCTION REPORT ON CONTRACTORS Federally Assisted Projects ' Participant (local agency) Project Name Prime Contractor Address ' Location Where Mork to be Performed and County 1 Project Number Phone Number ( ) 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.) a. Federal 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? CI 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.) r ' 4. Have any subcontractors held prior federal or federally assisted contracts during the last two years? CI YES If yes, answer a. through e. ' CI NO If no, skip to Item No. 5. 'y DPn 541 (Rev. 3/79) 21 1 1 1 1 (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 5. Is the construction site covered by hometown special bid conditions? YES If yes, answer a, through c. NO If no, skip'to Item No. 6. a. Is the contractor signatory to the plan? CI YES CI NO b. List any identified subcontractors signatory to the plan: (Attach extra sheet if additional space is needed). C. List the trades covered by the requirements: (Attach extra sheet if additional space is needed). Prepared by: (Signature and title of Contractor's Representative) (E.E.O. Officer) Date Reviewed by: (Signature and Title of Local Agency Representative) Date 21 h ' State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION ' CERTIFICATION OF NON -SEGREGATED FACILITIES Federally Assisted Projects ' The federally assisted construction contractor certifies that he does not maintain or provide for his 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 are maintained. Tlie federally assisted construction contractor certifies further that he will not maintain or provide for his employes any segregated facilities at any of his establ i slim cnts, and that he will not permit his employees to perform their services at any location, under his control, where 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 emp:oyees 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 v:here he has obtained identical certifications from proposed subcontractors for specific time periodsi he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from 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: ' Title: Date: 21 i I Iticipant (Local Prime Contractor_ State of Cofifomia —The Retnurcm AnencV Approximate Peak DEPARIMENT OF: PARKS AND RP CREATION Employment Date WORIC FORCE REP012T For This Project Federally Assisted Project Address Project Number MENNEW LY LF o ANTICIPATED ydOHK FORCE POR MOJ :CT SEE ��°�'i■� �' MINE iii ME • �..M ..C. .. ..� ....� IM ME ��iiri�irr�i■� s ii ii�is� i��i� IM MENNEW LY LF o ANTICIPATED ydOHK FORCE POR MOJ :CT .VIEWLt) tIY: (Signature and Title of Local Agency Ropresontativol •IOM ATUAC .___�.__ OPR 643 (Rev. 31791 21 i DAT[ SEE ME IM ME IM .VIEWLt) tIY: (Signature and Title of Local Agency Ropresontativol •IOM ATUAC .___�.__ OPR 643 (Rev. 31791 21 i DAT[ I 1 Existing Work Force — Table A INSTRUCTIONS 1 For each job category enter the total number of yvorkers (male and female) employed by ethnic identification and level of work — journeyman, apprentice (J, A). Include all employees of the bidding contractor employed 1 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. 1 Anticipated Work Force — Table S 1 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. 1 If there isn't enough blank spaces to cover all the job categories to be listed under Table A or 6, use additional forms (DPR 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 1 = 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 "F". 1 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 I I I I 1 1 I 1 1 1 DPR 543 21 k I 1 NOTICE OF REQUIRPI-IL11T FOR AFFIRMATIVE ACTIOfJ TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror'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: Goals and Timetable for Women ' These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. ' The Contractor's compliance with the Executive Order and the regulations in 41 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 41 CFH 60-4.3(a), and its efforts to meet the goals established for 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 each 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 ' 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. 1 1 1 1 1 1 21 1 ' Goals 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 ' These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. ' The Contractor's compliance with the Executive Order and the regulations in 41 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 41 CFH 60-4.3(a), and its efforts to meet the goals established for 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 each 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 ' 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. 1 1 1 1 1 1 21 1 Section 1-1 1 1-2 r 1_ 3 {� 1-4 { 1-5 1-6 { 1-7 1 .1-B 1-9 t 1-10 ( t 1 , 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 MEASUREME:.T AND PAYMENT GUARANTY LABOR AND kiATERIAL BOND -22- m Page 23 27 30 32 34 39 41 51 56 61 62 .i I I I -I I .1 1. GENERAL PROVISIONS 1-1 DEFINITIONS AND TERMS 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 Aooroved, Acceptable, Satisfactory ; 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 as a 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 (1S) 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 Sar. Juan Capistrano,, Orange County, California. 1-1.07 City Clerk The City Clerk of the City of San Juan Capistrano, Orange County, California. �23- 1 1-1.08 City Council The Council of the City of San Juan Capistrano, ' Orange County, California: 'r? 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 ;3 and ability to satisfactorily perform, execute and complete the work within the terms of the contract r and the payment by the Contractor of all obligations incurred in connection therewith. 'x 1-1.11 Contractor tits° The individual, partnership, firm or corporation, contracting with the City to perform or execute the work. 4k ' 1-1.12 Days "a 1, Unless otherwise designated, days as used in the contract documents will be understood to mean ' consecutive calendar days. • I� 1-1.13 Detail Specifications Supplemental or amendatory written direction, provisions or recuirements that modifv or amend the standard specifications as necessary to adecirately cover 6x conditions or requirements peculiar to the City. 1-1.14 Enaineer LLL ' The City Engineer of the City of San Juan Capistrano, Orange County, California, or his authorized represen- tative. 1-1.15 Encineer's Estimate -�. The list of estimated quantities of work to be performed and material to be furnished as shown on the plans and in the proposal as a basis for the comparison of bids - only. -24- -, aj_ The written directions and requirements governing the 1-1.16 General Provisions L Written direction, provisions or requirements of a { ' general nature :which are pertinent to the contract, plans and specifications. q ' 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 IL 1-1.22 Standard So_ecifications" 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. Works Association and Associated General Contractors of t ' 1-1.19 Pr000sal * The written offer of a bidder to perform or execute t ' the work when submitted on the prescribed proposal form, properly signed and guaranteed. i� 1-1.20 Special Provisions Any provisions setting forth conditions or requirements peculiar to the particular job and supplementing or t modifying the standard specifications and the detail specifications. t ' 1-1.21 Specifications The written directions and requirements governing the procedure to be followed in the performance and execu- L tion of the work, the manner or such performance and the means to be employed, the quality of worRmanship and results recuired, cuality and type of materials to 1 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 So_ecifications" The work embraced herein shall be done in accordance with the provisions of the Standard Specifications for t Public ;works Construction, 1976 Edition, prepared by the Southern California chapters of the American Public Works Association and Associated General Contractors of California (Building t;ews, 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- C _J ' 1-1.23 Sub -Contractor 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. ' 1-1.24 work 1 I 1 I 1 1 1 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 holidays is submitted to the Engineer a minimum of twenty-four (24) Pours 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 against the Contractor at the current premium rates for the personnel assigned to. the project. Such services shall be paid to. the nearest half-hour worked, subject to a minimum working period of four (4) hours. Emergency repairs and pre -storm protective installa- tions may be performed in project areas without written notice. 1-1.25 Stannard Plans The "Standard Street and Highway Plans" of the Orance County Road Department, latest edition, have been - adopted by the City Council as the'standard plans for the City of San Juan Capistrano. -26- Py i f� ' 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 T, 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, ' as may be deemed necessary or advisable by the Engineer. 1-2.03 Examination of Contract t t Documents and Site ., of work The bidder shall examine carefully the site of the proposed work, the plans, specifications, proposal and ' 1-2 PROPOSAL REQUIRF-MEPTS AND CONDITIONS ' proposal shall be considered conclusive evidence that 1-2.01 Contents of Provesal the bidder has investigated and is satisfied as to 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 A.'.fidavit properly executed by the bidder. Copies of these may be obtained from the of form, additions not called for, conditional or office of the City Clerk of the City Engineer. ' 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 T, 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, ' as may be deemed necessary or advisable by the Engineer. 1-2.03 Examination of Contract t t Documents and Site ., of work 1 -27- The bidder shall examine carefully the site of the proposed work, the plans, specifications, proposal and ' all other contract documents. The submission of a proposal shall be considered conclusive evidence that the bidder has investigated and is satisfied as to 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 Resection of Pronosals , Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative proposals not called for, modification of specifications, erasures or irregularities of any 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. 1 -27- 1-2.05 Bid Bond Each proposal submitted under these specifications must be accompanied by cash, cashier's.check, -� ' certified check or satisfactory bidder's bond made 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 S or within such further time as may be granted by -the Ae City Council. Delivery shall be complete when a copy thereof is delivered personally to the Contractgr or ='y ' his authorized agent or representative, or when a copy ; thereof is placed in an envelope addressed to said Contractor at his last known address and deposited in the United States mail, at San Juan Capistrano, IIIL California, with the postage thereon fully prepaid. No proposal will be accented unless such cash, check or surety bond is enclosed therewith. Should any bidder to whom an award is made fail to properly enter into and execute the awarded contract, the cash, check or bond submitted with his bid and proposal in the amount _-a equal to the difference between the lowest bid and the !i lowest bidder who will execute a contract shall be forfeited to, and become the property of, the City. r� Following the execution of the contract, the bid bonds shall be returned to the representative bidders. 1-2.06 Withdrawal Proposals of Any bid may be withdrawn at any time prior to the time ' fixed in the Legal Notice for the opening of bids only a by written request for the withdrawal of the bid filed x with the City Engineer or City Clerk. The request ' shall be executed by the bidder or his duly authorized ""T r representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new t 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. 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 bidder, or ' combination thereof, is interested in more than one ' -2Q- 1 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 t submitted a sub -proposal to a bidder, or who has quoted i 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' I, , i 1 . -29•- The successful bidder will be required at the time of F ' In selectinc the lowest responsible bidder, cons-deration ' will be given. to the bidder's financial standing, hi.s F) A„L 1-3 AWARD AND EXECUTION OF CCNTRACT 07 ' 1-3.01 Award of Contract ." ' The award of the contract, if it be awarded, will be -� 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 r or discrepancies, if to do so is deemed to best serve the interest of the City. y 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 fs above and compared on the basis of the corrected totals. The successful bidder will be required at the time of F ' In selectinc the lowest responsible bidder, cons-deration will be given. to the bidder's financial standing, hi.s ttl general competency for the performance of the work sy 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 1 prepared with the necessary capital, materials and machinery to complete the work to be concract_d for, ..� to the satisfaction of 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 r The successful bidder will be required at the time of F ' execution of the contract to furnish a Labor and Material Bond and a Faithful Performance Bond, each ttl 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 .1 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 1-3.04 Execution of Contract payment shall be made upon such contract to the contractor, or any assignee of the contractor, ."1 until•such renewed bond or bonds have been furnished. 1 1-3.02 Bid Breakdown 1 The successful bidder shall submit a tabulation of his bid prior to award of the contract. This 1 tabulation shall be used as the basis of contract adjustments in case of project modifications. 1-3.03 Failure to 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 1-3.04 Execution of Contract The contract shall be signed by the successful bidder and returned together with the required contract bonds and insurance certificates within fifteen (15) days after the agreement has been delivered to him for signature, as defined in 1 Section 1-2.05. No proposal shall be considered binding upon the City until the execution of the contract. 1 • 1 1 i —31— ■ J� 1-4 SCOPE OF WORK � 1 1-4.01 Intent of Plans and Specifications ' The intent of the plans and specifications is to 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 part of such work or improvement will be required ' to perform, construct and complete the same in a 14 thorough, satisfactory and e.orkzianlike manner in _2 accordance with the provisions of the plans and speci- fications therefor. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, �r equipment, and incidentals and do all the work ' specified in the plans and specifications. �J 1-4.02 Removal of Obstructions All fences, buildings, unnecessary structures, pipe, trees, shrubs, debris, and other unclassified obstruc- tions or encumbrances.of any kind or character encountered, and which if left in place would interfere r.- with the proper performance, construction or completion or the work, or would impair its subsequent intended 3 use, shall be removed by, and at the expense of the Contractor, unless otherwise provided by the spec�.i- cations, plans or proposal form. However, with respect to any such obstzicticn or encumbrance which is the ' property of the owner of a public utility or City fran- chise, attention is directed to the provisions of the subsection hereof titled "Public Utilities." ' T5 1-4.03 Public Utilities Zi ' 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 y Contractor. �+ e 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 q 3i If the cost of such work is not required to be borne by the owner of the facilities, the City shall bear I all expenses therefor. It shall be understood that ."► ' -32- '3 1 -1 -33- .I 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 `heir 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 will such delay _ or expense be considered as the basis of a claim against the City on the contract. 1-4.04 Changes 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 recuire such extra work as may be determined by the Engineer to he 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 i.n-alidate 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 ecuipment and all parts.of the work shall be left in a neat and presentable condition. -1 -33- .I The Engineer shall at all times have access to the work 0 during its construction, and shall be furnished wit'- ithall allreasonable means and facilities for ascertaining Ail ' 1-5 CONTROL OF THE 'WORK ' quality of materials used. All work performed and all ltl' I-5.01 Authority of the Engineer " and approval. 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 '1 ' contract on the part of the Contractor. His decision shall be final and he shall have authority to enforce r and make effective such decisions and orders which the - Contractor fails to carry out promptly. 1-5.02 Inspection of work +' The Engineer shall at all times have access to the work 0 during its construction, and shall be furnished wit'- ithall allreasonable means and facilities for ascertaining l the progress of the work and the workmanship and ' quality of materials used. All work performed and all materials furnished shall be subject to his inspection " and approval. involved or have an interest shall'be subject to ' 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 shall be made good, and unsuitable material r.,av be rejected notwithstanding the fact that such defective '1 work and unsuitable materials have been previcusly inspected by the Engineer and accepted. r provisions, the Contractor sha-1 apply to the WhenevertheContractor varies the period during which work is carried on each day, he shall cive 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 times by their respective agents or representatives. ' 1-5.03 Interpretation of Plans and Specifications Should it appear that the work to be done or anv '1 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 s as part of the contract. J -34- r, 1-5.04 Supervision by Contractor 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. ^' The specifications, plans, special provisions and all supplemental contract dccuments are essential parts 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, ;.' 3. Standard Specifications, 4. Plans, 5. Standard Details, and 6. General Provisions. ' Finished surfaces in all cases shall conform to the authorized lines, elevations, grades, cross-sections and dimensions. Deviations, other than specified tolerances, from the approved plans and working 1 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- 1-5.04 Supervision by Contractor 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. 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 omissi-)n in any of 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.pronotly ' 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 Conformity 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 approved plans and working 1 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 1-5.07 Plans and Workina Drawina_s } The contract plans furnished show such details as may ) ' be necessary to comprehensively indicate the work that 1 is proposed and the results that are intended to be _ accomplished. The Contractor shall keep one set of., plans and specifications in good condition at the site 1 of the work at all times. f 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 1 the Engineer. �. The contract plans shall be supplemented by such work- 1 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, shop details, erection plans and f_ bending diagrams for reinforcing steel, which shall be 1 approved by the Engineer before any work involving �F these plans is performed. Similar plans for cribbing, e falsework, sheeting, form work and certering may also s' 1 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 1 the discretion of the Contractor who shall be respon- !` sible for the successful construction of the work. sible 1 It is mutually agrees that approval of the Contractor's working drawings by the Engineer shall not relieve the I 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. 1 t� The plans show conditions as they are believed by the Engineer to exist, but it is not intended or to 1 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 the City or any of its officers be liable for any loss 1 sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual y ' conditions revealed during the progress of the work, or otherwise. 1 -36- ' 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 temoved and replaced by the Contractor at his expense in a manner acceptable to the Engineer. ' Any work done beyond the lines and grades shown on the plans or established by the Engineer, or anv extra work done without written authorization will be considered as unauthorized work and will not be paid for. Upon order of the Engineer, unauthorized work shall be remedied, removed or replaced at the ' Confractor's expense. , 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 the defective or unauthorized work to be remedied or removed and replaced at'the expense of the Contractor. 1-5.09 . Survey and Reference Points The Engineer shall establish all reference points and survev all lines and grades as he determines to be necessary for the execution of the work. Such sur- veys shall constitute instructions from the Engineer. The Contractor shall notify the Engineer it writing at least 24 hours in advance of his requirements 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, 1 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 reference points, bench marks, and other survey 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 necessa_y for setting and main- taining points and lines as he,may require. -37- 1-5.10 Eauipment 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. Al 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. No worn or ? ' obsolete equipment shall be used and in no case shall i the manufacturer's rating of capacity be exceeded. ' The Contractor, when ordered by the Engineer, shall remove all unsuitable equipment from the work and y i discontinue the operation of unsatisfactory ma�erial production plant. The Engineer shall have access to all-plants for material inspection. ' y All vehicles used to haul materials over existing highways shall be equipped.with pneumatic tires., 1-5.11 Character of workmen 1 The Contractor shall employ only competent foremen, laborers, and mechanics. If any sub-contractor, Lid 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 ' of the Engineer, and such person shall not again be employed on the work. ' 1-5.12 Final Inspection When the work provided and contemplated by the con- tract has been completed and the final cleanup per- t formed, the Engineer will make the final inspection." I _38- ,�, 1 1-6 CONTROL OF hIATERIALS o 1-6.01 Source Supply 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 recuire- 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. f 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 ' methcds 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- ' -40- ' 1 r used until it has been approved by the Engineer. ^ Samples will be secured and tested whenever necessary ' 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 b 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 w" 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 authority to remove and replace defective material at the expense of the Contractor. 1-6.04 Storace 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 ' also be stored so as to facilitate prompt inspection. .� ' - -'A ' -40- ' 1 r ^' 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 anv 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 1 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.of 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 wage The Contractor shall forfeit as penalty to the City of San Tuan 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 wage 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. Noshing contained 1 herein shall be construed as preventing the Con- tractor from paying more than the minimum rates G9' . 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. RI1-7.01.5 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 shall be licensed in accor- dance with t -he 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. The Contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or maintained by him whether on or off the premises, with liability limits of not less than $250,000 for any one person and $500,000 for any one accident, and ' property.damage of $100,000. The insurance amounts set 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 greater amounts. The City will not recognize, any claim for additional compensation because of the requirement for greater amounts of. insurance, as this is an element to be ' considered by the Contractor in determining his bid. Said policy or policies of insurance shall name the City of San Juan Capistrano 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 employer's liability insurance { shall be maintained durinc 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 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- lam: issued and is in full force and effect, shall be fur- nished to the City prior to commencing work on this ( project. !�;'t ' 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 pay ' through any of the operations under this contract and deduct and retain the amount of the premiums for such {' insurance from any sums due under the contract. L ' The Contractor at his own cost, expense and rise, shall N 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 pay -or satisfy any judgment that may be rendez'ed against (` the City or its principals in any such action, suit or 4. ' legal proceedings or result thereof. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be ' held responsible for payment of damages to persons or r property resulting from his operations or of that of any 1. subcontractors under him. L ' 1-7.03 Responsibility for Damage ice. ' 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 ' damage to any person or persons, whether work:nen or the public; or for damage to the adjoining property from any cause whatsoever during the progress of worn.. ' The Contractor shall indemnify and save harmless the v' 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 o= 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. ?' L The Contractor shall be responsible for any liability imposed by law for any damage to any person or property � resulting from defects or obstruct -10-r. or from any cause ! 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 and Materia: ' Until the formal acceptance of the work by the City IFCouncil, the Contractor shall have the charge and care -thereof and shall bear the risk of injury, loss or danage'L ' to any part thereof by the action of the elements or from any other cause whether arising from the execution or from the non -execution of the work. The Contractor ' -44- rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause -44A- l' before final acceptance, and shall ' thereof, except'for such injuries, occasioned by the activities of the m@nt, or the public enemy. bear the expense losses, or damages Federal.Govern- ' 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 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. 1-7-.06 Preservation of Property , .j Js J J a� 13 The Contractor will be held responsible for the pre- servation of all public and private property along and adjacent to the work and will be required, to exercise due precaution to avoid and prevent any ' damage or injury thereto as a consequence of his operations. ' 1-7.06.1 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 structures, conduits and pipelines above ground and any other existing improvement or facilities ' within or adjacent to the work which are not to 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 the Contractor's expense. condition at ' ` 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 ' facilities within or adjacent to the work which are not to be removed. The location and descrip- tion of underground facilities shown on the 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 -4 5- .j Js J J a� 13 shown on the plans. The Contractor shall be responsible to ascertain the exact location of all underground facilities shown on the plans, or otherwise 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. 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, any 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 underground facilities of which the Contractor had no prior knowledge are damaged or impaired, and if in the judgment of the Engineer, such 1 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 ' with the work to be done, the Engineer will arrange with the owners of the underground facility for the recuired 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 Contractor to determine the cost of relocation. Payment for such relocation will be made by the ' owners or as extra work, as the case may be. t_ 1-7.07 Public Convenience and Safety ' The Contractor shall so conduct his operations as to L cause the lease possible obstruction and inconvenience to public travel and he shall have under construction ' no greater length or amount of work than he can prosecute pronerly with due regard to the right of �- the public, or as directed in the specifications or ' special provisions. L Unless otherwise provided in the special provisions, all public traffic shall be permitted to pass through ' the area of the work with as little incoLvenience and 4- ' delay as possible. Not more than one crossing or ' intersecting street or road shall be closed at any one time without the approval of the Engineer. �Y"t _ 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 4 ' 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 shall be as far as practicable, provided passage -3 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 9 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 z also erect and maintain such warning and directional signs as may be furnished by the City. FFTT ' Water or dust palliative shall be applied as necessary y' for the alleviation or prevention of dust nuisance as provided in the detail specifications. IT ' 1-7.08 Employee Safety ' Reasonable precautions shall at all times be exercised V! 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.p All machinery'and equipment and other physical hazards ' r shall be guarded in accordance with the safety pro- visions of the Manual of Accident Prevention. in Con- m, struction of the Associated General Contractors of - America unless such provisions are•incompatible with ' State, County or Municipal laws or regulations, in which event such State,County or Municipal laws or regulations shall goveri. ' 1-7.09 Sanitary Conditions F vc ' 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- 1-7.12 •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- 4`1 1-7.11 Patented and Specified Articles .e Whenever in the soecificatiors any material, or pro- cess is indicated or specified by patent or propri-etary ' 1-7.10 Permits and Licenses cations shall be deemed to be used for the purpose �. The City will obtain Orange County Flood Control and State Highway permits required 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. proposal or if a substitute so offered by the bidder 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- 4`1 1-7.11 Patented and Specified Articles Whenever in the soecificatiors any material, or pro- cess is indicated or specified by patent or propri-etary name or by name of manufacturer, such sppcifi- cations shall be deemed to be used for the purpose of•facilitating description 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- 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, o; if no one be so specified, then one such as shall be required by the Engineer. a� 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 o: 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- 4`1 1 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 r 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, andshall comply with all } State and County laws, ordinances and regulations 1 governing such use. All such storage places shall be T clearly marked "DANGEROUS - EXPLOSIVES." yJB yA 1-7.16 Right -of -tray 1 1 1-7.13 Employment Preference The City shall provide the permanent right-of-way upon 1 In the employment of labor, the Contractor shall give �^ preference, other things being equal, to honorably together 1 discharged members of the armed forces of the United e as shown States, but there shall be no other preference or discrimination among citizens of the United States. 1 1-7.14 C000eration ` 1 construction facilities, and storage of his materials, Should construction be under way by other forces or yf 1 by other Contractors within or adjacent to the limits 7 1 of the work specified or should work of any other M 4r 1 nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with i 1 all such other Contractors or other forces to t4he end that any delay or hindrance to their work will be �.a avoided. 1 1-7.15 Use of Explosives 1 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 r 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, andshall comply with all } State and County laws, ordinances and regulations 1 governing such use. All such storage places shall be T clearly marked "DANGEROUS - EXPLOSIVES." yJB yA 1-7.16 Right -of -tray 1 1 r� }; The City shall provide the permanent right-of-way upon which the work under this contract is to be done, 1 together with any temporary construction easements 'F e as shown on the plans. The City will not be responsible for any delay in 1 furnishing same and any such delay shall not be made the basis of a claim for additional compensation by 1 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 i such delay. 1 e The Contractor shall, at his own expense, provide for the temporary use of additional land if required fcr the construction work, for the erection of temporary 1 construction facilities, and storage of his materials, together with right to access thereto. yf 1 7 1 -49- i 1�B PROSECUTION AND PROGRESS 1-8.01 Sublettinq and Assignment 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 emplovees 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 subconi:ract shall contain a reference to the contract between the City and the principal Contractor. The termsof that contract shall be made a part of such subcontract insofar as they are applicable to the work covered thereby. env 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 thereto in writing, and after such assignment has been approved in writing by the City. No such assignment will be approved by the City Council unless the instrument of assignment contains a clause that the assignee assumes all prior liens and claims for services rendered or materials supplied for the performance of the work called for'in the contract. 1-8.02 Schedule of Work .. 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 I ndicate approximately the percentage of work scheduled for completion at any time. ' 1-8.03 Time of Camo_etion 1 The Contractor shall complete the work called for under the contract in all Darts -and requirements 3' 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 Damaaes +y� It is agreed by the parties to the contract that in ;" ' case all the work called for under the contract is not completed before or upon the expiration of the time of completion limit as set forth in the proposal, t damage will be sustained by the City of San Juan Capistrano and that it is., and will be, impracticable to determine the actual damage which the City will s ' sustain in the event of, and by reason of, such delay and it is therefore agreed that the Contractor will pay to the City of San Juan Capistrano the sum of 1 one hundred dollars ($100) per day for each and every �- ' day of delay beyond the time prescribed th complete the work; and the Contractor herein agrees to pay such liquidated damages as herein provided for, and further agrees that the City of San Juan Capistrano may deduct the amount thereof from any monies due or that may become due to -the Contractor under the contract. It -• is also understood and agreed that, should the con- r" ' tractor fail to furnish the .plant, materials, andtP , equipment, and perform all work herein set forth in j a good and workmanlike manner, he shall, in addition ' to any other penalties provided in the contract docu- ments, be liable to the Citv for all losses or damages - that the latter may suffer on account thereof. ' It is further agreed that in case the work called for tlF under the contract is not furnished and completed in ' all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as it may deem best to serve the interest of the City, and if it decides 1 ' 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, i w1 all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, 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 delay 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 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 weather 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 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, mav, without prejudice to any other remedy it may have, make cood such deficien- cies or thereafter due the Contractor; provided, how- ever, that the City Engineer shall approve such action I 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- The days on which such suspension order is in effect ' may be considered as part of the time requirements of , the contract. 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 :t 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- ment's of the contract. In the event of a suspension -t 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 1x In the event that any of the provisions of this con- t 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- r minate such contract and, unless within ten (10) days ' after the serving of such notice, such violation shall 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 Y ' 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 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, 7 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- - W, 1 L. materials to construct and complete said project ' within the time required, in a good and workmanlike l manner; should the Contractor fail to make prompt payment to a subcontractor, or for materials or labor; should the Contractor fail to make prompt ti 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 any provision of the contract documents, ' then the City, upon the certificate of its City 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 managerial 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 r or damages for not being allowed to proceed with the work. ' 1 M� W, 1 1-9 MEASUREMENT AND PAYMENT ' 1-9.01 Meesurcmer.t of Quantities _ ' All work to be paid for at a contract price per unit of measurement will be measured by the Engineer in ''gg I accordance with' the United States Standard Measures. ss"� 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 specif2ca- tions of the State Bureau of Weights and Measures. 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 Lra accuracy of such scales. The Engineer may require the Contractor to furnish a Public t4eighmaster'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 i the Engineer daily at the point of delivery of the ' material, or at such lesser intervals as may be re- by the Engineer. quired ! ! ' If material is shipped by rail, .the car weights will be accepted, provided that actual weight of material 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. +� S Unless otherwise provided, material paid for by the ' r cubic yard will be measured in the vehicle at the point of delivery or at a mixing plant, as the case �9 may be. All materials which are specified for ' measurement by the cubic year "measured in the vehicle" shall be hauled in vehicles of such type and size that the actual contents may be readily and accurately - ' determined. Lineal or areal quantities of work shall be considered as being the horizontal lineal or area cuantities 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. �tt ' t9 u ' Quantities of r�ater.ia.ls in structures will be measured and/or calculated in accordance with the dimensions shown onthe plans. ' 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 s� 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 Burnishing 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 plans and specifications; s_ 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 or 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 satis�actorily completing the work s; according to the plans and specifications. Neither the payment of any estimate nor of any retained per- centages shall relieve the Contractor of any obliga- tion to make good any defective work or material. 4' 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 a. prices for bid items and no extra compensation shall ' be made for them. g. 1-9.03 Progress Pavments ' The Contractor shall make a written request of the Engineer for monthly payments. This written request U 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 r, 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 IL ' done. The Engineer may at his discretion, under unusual circumstances, approve one additional monthly payment. C. ' -56- I t The City shall have access to all payrolls, records 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. u� The City shall retain ten percent (10€) 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. i No such estimate or payment shall be construed to be an acceptance of any defective work or improper ' materials. r 1-9.04 Deductions from Payments 'T The City of San Juan Capistrano, by any of its appro- priate officers, may at its option, and at any ti=e retain out of any amounts due the Contractor, sums s sufficient to pay laborers and mechanics employed on the work the difference between the rate of waves t, 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. ' 1-9.05 Extra Work Sr 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 1 equipment therefor as directed by the Engineer in writing.' No extra work will be paid for or allowed ' unless the same was done upon written order of the Engineer and after a -ll legal requirements have been -57- i1-9.06.3 Equipment Equipment will be paid for as a rental charge iwhether owned by the Contractor or not, and said -58- 1 . complied with., The Contractor agrees that he will accept as full comuensation 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. ' 1-9.06 Force Account ' When extra work is to be paid for on a force account basis, 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 (15%). 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). i1-9.06.3 Equipment Equipment will be paid for as a rental charge iwhether owned by the Contractor or not, and said -58- 1 . ' rental rates prevailing in the City for com- parable equipment will be paid by the.City plus fifteen percent (15%). No paynent will be allowed _a) ' for the use of small tools and minor items of equipment which, as used herein, are defined as T` individual tools or.pieces of equipment having a replacement value of fifty dollars ($50) each ' or less. 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 s 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 r 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 r any differences that may exist.. Upon agreement as to Ee 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 r' retained under the provisions of the contract. All ;Y prior progress estimates and pa;^..:ents shall be sub- ject to correction in the final estimate and payment. The final payment of the monies retained shall not i 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. ` .a ' -59- R .1 1-10 GUARANTY ' ' The Contractor shall guaranty the work against defec- tive material or workmanship for a period of one year ' from•tha date of completion of the contract. Damage due to acts of God or from sabotage and/or vandalism are specifically excepted from the guaranty. 1 1 ' -60- When defective material and/or workmanship are dis- t 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 *ail 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 completicn of the contract to cover his ' guaranty as set forth above. 1 1 ' -60- 1 1 1 1 1 1 f 1 1 1 1 1 1 1 1 1 1 1 1 1-11 LABOR `1dD MATER=aL 3C`7D 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. 0 —61— I�I L! ' SEMCNI IA - GENERAL REQUIP DU-N'IS The General Provisions are supplemented by the following General Pequirements which shall apply to all other sections of these Specifications and take pre- cedence over the General Conditions: IA -01 DEFINITIONS ' Tne following words and phra.�es as used in the Contract Documnts shall have the folla,•ing meanings: ' 1. Codes, laws, ordinances, rules and regulations of place or building shall govern construction and the most strict of -such codes, laws, ordinances, etc., shall govern. 2. Words such as "approved" "proper", "suitable" "satisfactory", "equal", "necessary" and other words of similar meaning or in- tent, implying exercise of judgement, refer to decisions of Architect, which must be obtained in writing prior to executing the work. 3. The terms "selected", or other terrru of similar meaning and ' intent, shall mean selected by Architect from referenced man- ufacturer of quality established in Contract Documents. ' 4. References to Standard Specifications shall mean latest edition, including revisions thereto, of such Specifications in effect at date of contract, with exceptions specifically required by ' governing codes, laws, ordinances in effect at jobsite, 5, Reference to technical societies, organizations or bodies are ' made in Specifications per following abbreviations: ASSHO American Society of State Highway Officials ' ACI AIA American Concrete Institute American Institute of Architects AISI Anerican Iron and Steel Institute AIEE American Institute of Electrical Engineers ' AISC American Institute of Steel Cbnstruction USAS United States of Arnerica Standards (National Bureau) ASTM American Society for Testing Liaterials A[CSC American welding Society Code ' CRSI Concrete Reinforcing Steel Institute FS Federal Specifications NBFU NFPA National Bureau of Fire Underwriters National Fire Protection Association NEC National Electric Code ANSI American National Standards Institute ' SPP, Simplified Practice F.econmendation UL Underwriters' Laboratories, Inc. USS United States Standards WIC Woodwork Institute of California SM1AM Sheet Mortal & Air Conditioning Contractor's National Association ' -63- GENERAL RBQUIREMM—M IA -1 -64- GEM, REQUIRU E1TM 1A-2 6. "Provide" means "furnish and install". ' 7. "Indicated" "as Contract Drawings". means shown on the 8. "Required" means "as required to meet the intent of the Contract ' Documnts". 9. "Iters" mans "material, equipment, article or process". ' "Code" 10. mans Code in force under this Contract. A copy of the "Code" shall be kept on hand at the job office by the Contractor. Wherever reference is made to these codes, laws and orders, the ' reference shall be construed to mean the code, laws or order that is in effect on the day the invitation for proposals is issued. ' 11. "Defect" includes, but is not limited to, any occurrence which; A A. Impairs the structural, physical or chemical properties of ' the work. B. Impairs the operation or requires abnormal maintenance. of ' the work. C. Impairs the surface finish or texture of the work. ' D. Impairs the visual appearance of the work. E. Fails to met any portion of the Specifications. 1A-02 IN IRPR13TATION OF DOCTI NM3 Where any provision of codes, safety orders, contract documents, cited ' manufacturer's specifications or industry standards are in conflict, the mre restrictive and higher quality provisions shall take precedence. 1A-03 SUBSTITLTICN OF MATERIALS AND EQUIPMENT 1. Contractor's proposal shall be based on the use of materials required by the Contract Documnts. No other materials will ' be accepted, except as stated herein. 2. rbr all items specified or indicated by proprietary name of ' manufacturer, the Contractor may, unless otherwise stated, offer a similar item which shall be substantially equal to or better in every respect than that specified. If item offered ' by Contractor is not, in the opinion of Architect, substantially equal to or better in every respect than that specified, then Contractor shall furnish the item specified. Burden of proof as to equality of any item rests with Contractor. Submit request ' together with substantiating data for substitution within thirty (30) days after award of contract. ' 3. Acceptance of each "equal" product is at the discretion of Architect and O,�ner, and will be evaluated based on structural strength, mchanical or electrical perfortsance or capacity, durability, finish and availability of parts, etc., for main- -64- GEM, REQUIRU E1TM 1A-2 tenance and repair. It must also be equal in the arrangement of plan or layout. 4. Archit(�ct's acceptance of a substitution does not relieve ODntractor of responsibility to make, at his own expense, necessary changes to adapt item to work, due to dimensional, service or access differences between substituted item and ' adjoining or abutting work. 5. Any extra design costs caused as a result of a substitution shall be paid for by the Contractor. 1A-04 MIPOWLEY C CNSMUCTION ' 1. General Requirements: Temporary construction shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents to persons on, about or adjacent to the premises where the work is being performed. 2. Fences and Barricades: Provide barricades, fences, canopies, ' guard rails, warning signs, steps, alarm boxes, and all other forms of protection of life, limb and property required for the conditions of the work. ' 3. Tevporary Utilities and Facilities: Provide and maintain all necessary utilities, including special connections to water supply and power lines. The utility services shall be maintained ' throu&out the construction. 4. Toilet Facilities: The construction personnel shall use only those existing toilet facilities as assigned for their convenience ' by the Oaner. In other outlying areas, provide portable chemical toilets as required. 5. Layout of Work: All temporary construction shall be accomplished t with a constant effort to eliminate unnecessary noise, dust, ob- struction, and other annoyances, and shall not encumber the prem- ises and adjoining areas with materials, equipment, or the parking of cars. 6. Scaffolds and Runways: ' A. General: Provide all scaffolds, runways, guard rails, plat- forms and similar temporary construction necessary for the performance of the contract. Such facilities shall be of ' type and arrangement as required for their specific use, shall be substantially constructed tiv-oughout, strongly supported, and well secured. B. Ladders, R:urps and Stairs: Provide between differenct levels of the structure. Open walls and shafts shall be enclosed with railings of 42" height, provided with top rail, inter- ' mediate rails not more than 9" on center, and toeboards of 6" height. ' -65- GMMIAL MUIREb'lENTS 1A-3 7. Maintenance: All work including fences and gates shall be main- ' tained in servicable conditions at all times and shall remain in palce until their removal is ordered by the Architect. All wore which is e%posed to public view shall have a neat, clean, ' attractive appearance. 8. Protection of Work in Place: ' A. General: Work in place that is subject to damage because of operations adjacent thereto shall be covered, boarded up, or substantially enclosed with adequate protection. Permanent openings used as thoroughfares for the introduction of work and materials to the structure shall have heads, jambs and sills well blocked and boarded. ' B. Weather Protection: Provide adequate protection from all weather conditions to existing and new work. Remove and re- p place all damaged work and materials, Specifically, roof ' openings shall be provided complete protection. C. Existing Structure: Take all precautions necessary to.pro- ' tect the existing adobe and wood construction which is to remain in place, from damage in the course of construction. ' 9. Fire Protection: Imediately following the initial delivery and storage of combustible materials at the site of the work, and throughout the construction period thereafter, the Contractor shall supply and maintain a suitable mans of fire protection ' for these materials. 10. Removal of Tenporary Construction: Remove temporary work iron the site as rapidly as progress will permit or as directed by Architect. Ippon corq)letion of the wore, all structures of a temporary nature shall be removed from the site and the premises ' left in a condition as approved by Architect. 1A-05 WORT IANMIP 1 1. Upness otherwise noted, workmanship shall conform to best stan- dards and accepted practices of trade, or trades, involved, and shall include all iter of fabrication, construction and install- ation regularly finished or required for completion of the project (including any finish required for appearance or operation as in- tended). Work required throughout shall be of such quality as will result in first class work only, executed by mechanics ' shrilled in their respective lines of work. Labor shall be per- formed in best, most vor manlike manner. ' 2. Completed work shall be durable and substantially built and shall present neat, workmanlike appearance. ' 1A-06 MATERIALS 1. Unless othemise indicated, all work in connection with manufac- ' -66- GENERAL REQUIREMfIVTS IA -4 I_J turgid articles, material, systems and equipment shall be per ' manufacturer's current written recorrrry,-ndati_ons, specifications and instructions. Furnish on request copies of ;manufacturer's literature or reference association specifications. ' 2. Promptly advise Architect, in writing, if any material, labor or equipcxmt will not be available to the project. ' 3. Whenever any item is referred to in the contract documents in the sinkular number, such reference shall apply to as many items as are required to coriplete the work. 1A-07 DUST MI ROL ' Contractor shall maintain as dust -free an environment as possible at all times. Water may be used, if necessary, for the purpose of controlling dust, however any damage caused by water shall be corrected at the contractor's expense. 1A-08 SC=TJTT_ S ACID RBPORIS ' Testing and Inspection: Tests shall be made of materials as required by these Specifications by a testing laboratory selected by the CXvner. The number of tests shall be as determined and as required. All testing ' and inspection costs, as required by these Specifications, will be at the expense of the Omer, unless specifically stated to be by Contractor in the Technical Sections of the Specifications. Design of concrete mixes and testing for remedial work or re -testing of faulty work ' shall be borne by the Contractor. 1A-09 SAt,1PLES AND SHC>P DRAWINGS ' 1. Where required by the Specifications to submit shop drawings, pro- vide one print of each and one sepia reproducible. The Contractor shall have reviewed any such sutmittal and shall indicate his approval as to the suitability of the submittal and its confor- mance with the Contract Documents by affixing his stanp and signature. After review by the Architect, the sepia will be ' returned for printing and distribution by the Cbntractor. All shop drawings in the field must have an approved stamp. 2. Where required by the Specifications to submit brochures, cata- ' logues, etc., provide four copies of each item submitted. 1A-10 PROJECT CLC6EOUT 1 In addition to the requirements of the General Conditions, the following requirements must be fulfilled before final payment will be authorized: 1. Submit all required written guarantees. ' 2. Provide Mner with complete and satisfactory file of operation and maintenance manuals of equipment and materials used in the work. -67- GENERAL RBQUIM, 1EN'IS IA -5* 1 n 1 1 SECTION 2A - D111OLITIM PART 1 - GENERAL 2A-01 SCl7PE The work includes all demolition as specified herein as as shown. PART 2 - MCUTICN 2A-02 GENERAL 1. All reusable material removed shall be retained by Oamer and safely stored on site. 2. Demolition shall be done in a safe, orderly manner -without damage to other portions of the property or adjacent properties. Any resulting damage or loss shall be corrected by Contractor at his own expense. 3. Provide safety devices including barricades, signs and coverings in conformance with all applicable safety regulations. See IA -04.1 4. Debris shall not be allowed to accumulate. 2A-03 DDMENTATICN OF EXISTING CONSTRUCTION 1. After removal of existing galvanized roof panels and mineral roll -roofing from gable roof of original adobe roof structure, City Representative shall be notified. Roof demolition work shall be stopped until existing layout and appearance of the old shingle roof has been inspected and photographed by City Representative. 2A-04 PROTECTION OP EXISTING CONSTRUCTION 1. All demolition required around existing adobe walls shall be undertaken in such a way as to minimize damage to the adobe walls. 2. Existing wood members to remain in place shall be protected during demolition. 2A-05 MIPORARY SHORING Nhere structural bearing walls or structural members are to be removed, temporary shoring shall be installed prior to demolition. Temporary shoring shall remain until new structural members are in place. 2A-06 PROTECTION OF GROUNDS 1, Maintain protection of trees and plant materials to remain until completion of work. IM DMOLITION 2A-1* SECTION 2B - EARM ORK AND DRAINAGE ' PART 1 - GEN RAL 215-01 SCOPE The work includes all excavating and backfilling and related work as specified herein, as shown, and as necessary to complete the installation. 213-02 STANDARDS ' 1. Comply with all applicable ordinance provisions and/or regu- lations relative to excavations and protection threreof and incidental transportation. 2. Comply with all construction safety orders and trench construction safety orders of the State of California. 213-03 TESTING AND INSPECTION Fill material shall be tested in accordance with ASTM D1557 -70(c). 2B-04 PROTECTION OF EXISTING CONSTRUCTION 1. Excavation for new footings and drains shall be accomplished with the utmost amountof care and attention to the existing adobe walls. Protect and or shore adobe walls as required to assure their safety dta•ing excavation. PART 2 - PRODUCTS 213-05 MTERIALS ' 1. Compacted fill where shown shall be of dirt removed during excavation. ' PART 3 - EXECUTION 25-06 COMPACTED FILL ' New fill materials and existing dirt areas to receive tile shall be compacted to exceed 901,'o of the maximum dry density as ob- tained by the Standard Compaction Test, ASTM Designation D1557 -70(c). 1 -6c- EARTMRORK AND DRAINAGE 2B-1 * -71- REINFORCING STEEL 3A-1 SECTION 3A - REINFORCING STE,7L ' PART 1 - GENERAL 3A-01 RELATED WORK SPECIFIED IN OT:IER SECTIONS Cast -in -Place Concrete - specified in Section 3B ' 3A-02 SCOPE The work includes all reinforcing steel as specified herein, as ' shown, and as necessary to complete the installation. 3A-03 STANDARDS ' Except where the provisions of these specifications and/or drawings are more exacting, the following standard specifications shall apply where applicable: ' 1. Manual of Standard Practice by the Western Gbncrete Reinforcing Steel Institute, latest edition. ' 2. Specifications for Structural Concrete for Buildings ACI 301-72. 3. Recommended Practice for Welding of Reinforcing Steel AWS 12.1. ' latest edition. 4. Standard specification for deforned billet steel bars for concrete ' reinforcement ASn1 A615 74. 3A-04 TESTING AND INSPECTION ' The reinforcing steel shall be reviewed by the City Engineer. Any errors or discrepancies found by him shall be corrected before concrete may be placed. Such review shall not ralieve Contractor from respon- sibility for compliance with contract requireTaents. PART 2 - PRODUCIS ' 3A-05 MATERIALS 1. Provide steel for reinforcement from new, unrusted stock, free ' from mill scale and delivered without rust other than may have accumulated in prompt transportation in the work. 2. Deformed reinforcing steel bars shall be in conformance with ASIA. A-615, Grade 40. 3. Use No. 16 American Wire Gauge or heavier black annealed tie ' wire. PART 3 - T',T;CUTICN ' -71- REINFORCING STEEL 3A-1 3A-06 GENERAL RDQUIRD= 1. Do all work in a thorough manner and provide workmanship equal to the best practice of modern construction. 2. Provide reinforcing bars of the size, shape and number specified and carefully formed to the dimensions indicated on the drawings. ' Do not bend or straighten reinforcement in a manner that will in- jure the material. ' 3. Unless otherwise indicated, provide a length of lap for rein- forcing bars of 40 diameters. Avoid splices of tensile rein- forcement at or near points of maximum stress. The location of splices shall be subject to review. 1 4. Wherever conduits, piping, inserts, sleeves and other items , interfere with the placing of reinforcement as indicated, consult ' with the Architect and secure a method of procedure before placing any concrete. Do not bend or field cut bars around openings or sleeves. ' 5. Accurately place and secure all reinforcement indicated in a rigid manner. ' 3A-07 CLDARANCLS Me following clearances around bars shall apply: ' 1. Against ground - 3" 2. Against formwalls - 2" 1 1 -72- 1 STSEI, 3A-2* r 1 SECTION 3B - CAST -IN-PLACE. OCNCRE'IE I a H q_ ►l ! _. 313-01 RELATED WUT SPECIFIED IN OTHER SECTIONS Obncrote Reinforcing - specified in Section 3A 313-02 S03PE The work includes all cast -in-place concrete work as specified herein, as shown, and as necessary to conplete the installation. 3B-03 STANDPJM AND PRACTICES Except where the provisions of these specifications and/or drawings are more exacting, the following standard specifications shall apply where applicable: Specifications for Structural Concrete for Buildings ACI 301-72. PART 2 - PRODIICTS 313-04 MATERIALS 1. Portland Cement: Shall be Type V, conforming to 'Standard Speci- fications for Portland Cement" (ASW Designation C-150). Cne brand of cement shall be used throughout the work for concrete. 2. Aggregates: Shall conform to Standard Specifications for Concrete Aggregates (AS11M C-33) for stone concrete, except as herein mod- ified. A. Fine aggregates shall be natural sand. The average value of sand equivalent determined by the State of California, Text Method No. California 217, shall be 75 minimum. B. Coarse aggregates, when sampled at the batching bin, shall have a cleanness value of not less than 75 when subjected to the cleanness test performed in accordance with the State of Cal- ifornia lost Method No. California 227. Coarse aggregates shall be well graded between size limits as required by ASTM C-33. 3B-05 DESIGNING AND PROPORTIONING CONCRETE Proportions of cement, fine aggregate and coarse aggregate to be used shall be subject to review and shall be mixed in such proportions as specified to be sufficiently workable to produce a uniform, dense con- crete without segregation and of the minimum strength specified. Kixes shall be designed, tested and adjusted in ample time before the first concrete is scheduled to be in place. Proportion and design the mixes to result in a concrete slump at time of placement of not less than 2" or more than 411. -73- CAST -IN-PLACE ODNCRETE 3B-1 M-06 CONCRETE PROPERTIES Min. 28 day Max. Size Cbtypressive location Aggregate Type Aggregate Strength Slump 1. Footings & malls 3/4" Stone 2500 3" PART 3 - EYE CUTION 3B-07 MIXING OF CONCRETE 1. Use an approved batch mixer for the machine mixing the concrete. Prepare no greater quantity of concrete than is required for irnne- diate use. No excess that is left over at night or that has been standing long enough to set shall be retempered or used in any way. 2. Accurately masure the ingredients forming the concrete and so thoroughly mix by machine that every piece of rock is completely covered with mortar. After all the materials coarposing the con- crete have been introduced into the mixer, it shall turn not less than ten (10) corrplete revolutions, in any event shall turn for ' not less than one (1) minute before any portion of the concrete is taken out for use. The mixer shall make more than ten (10) corrtplete revolutions. ' 3. In all other respects, ready -mixed concrete shall conform to ASTM C-94. ' 3E3-08 PLACING 1. Notify the City Engineer at least 48 hours prior to placement of any concrete. 2. Remove all dirt, chips, sawdust, rubbish, water, etc., from the ' fauns before any concrete is deposited therein. No wooden ties nor blocking shall be left in concrete except where indicated for attachment of other work. 3. Concrete shall be handled from the batching area to the place of ' final deposit as rapidly as practicable. Place concrete before initial set has occurred, and in no event after it has contained ' its water content for more than 45 minutes. Convey concrete from mixer to fonns as rapidly as possible and deposit as nearly as practicable in its final position by methods which will prevent segregation or loss of ingredients. Thoroughly ' tamp so that all parts of t9e form are filled and so that no voids remain in the mass or on the suraface. Special care shall be taken to work the concrete through and around the reinforcing steel. 4. Do not place concrete when the mean daily terrperature is less ' than 40 degrees Fahrenheit or greater than 75 degrees Fahrenheit (arid can be expected to remain in this range for three days) un- less special precautions are taken. Such precautions to insure -74- CAST -IN-PLACE ODNCREI'E 3R-2 i the quality and appearance of the concrete shall be submitted for 1 review prior to placing of concrete. Protect freshly poured concrete from premature drying. Provide suitable moist curing. 1 5. In general, do all work in a thorough manner and provide Workman- ship equal to the best practice in modern construction. E.iercise every care to make a uniform dense concrete of required strength and mix and true to elevations and lines shown on the drawings. 1 3B-09 PROTECTION AND CURING 1 Protect concrete from injurious action of the elements and deface- ment of any nature during the construction operations. 1 3B-10 PATCHING AND CIdANING 1. Voids and stone pockets of a serious nature shall be drawn to the attention of the Architect inrnediately after removing forms. 1 Instructions shall be issued before patching is undertaken. 2. All loose materials such as laitance, tins, excess mortar, nails, 1 form ties, and other blemishes shall be removed to the satisfac- tion of the Architect. 1 1 I 1 J 1 1 1 I 1 1 -75- CAST -IN-PLACE ODN-T= 3B-3* SECTION 41A - ADOBE MASONRY PART 1 - GENERAL 4A-01 RELATED WORK SSPECIFIED EI,SLIkHERE 1. 11ud Plaster: Section 9A ' 2. Painting: Section 9B ' 4A-02 SCCPE The work includes fabrication and installation of all adobe masonry at new north wall and miscellaneous repairs to exsitinq ' walls as shown and as necessary to complete the installation. 4A-03 SURAHITALS ' 'strap 1. Submit a of masonry unit samples to show variations of color and texture. ' 4A-04 PRODUCT DELIVERY, STORAGE AND HANDLING ' 1. Keep masonry units frau contact with earth or other moist materials by stacking on plank platforms. 2. Protect masonry units from excess moisture by covering with ' tarpaulins, felt paper, or polyethylene sheets. PART 2 - PRMUCTS ' 4A-05 JOB --BUILT ADOBE 1. Source: a. Materials shall be taken from the location where previous adobe materials were taken for the Parra adobe, as direc- ted by the City representative. b. Project Archeologist shall be present during all excavation. 2. Q nposition: a. Soil shall be mixed with straw in proportions as directed ' by the City representative. b. Water shall be added in minimum quantity required to achieve ' plasticity. Water shall be potable with low salt content. 3. Size: Size of units shall match existing adobe brick. ' 4A-06 PURCHASED ADOBE NIASOARY UNITS 1. Size: Size of units shall match existing adobe brick. -76- ADOBE MASONRY 4A-1 1 -77- ADOBE MASONRY 4A-2 2. Composition: As required to meet the tests shown below. New bricks shall contain no stabilizing elements. ' 3. Testing: Per ASTM 067-66. a. Compressive strength: Average of 300 psi on five masonry units with minimum 250 psi on any one. b. Moisture content: Maximum of 4% by wieght on average of five masonry. ' c. Absorption: Maximum of 20 seven days exposure of one face. ' d. Modulus of rupture: Minimum of 50 psi on average of five masonry units with a tolerance of 30 psi for one unit. ' 4. Permissible Damaged Units a. Maximum three cracks per unit permitted with maximum. 3 inch long and 1/8 inch wide. (Surface cracks due ' to shrinkage only). 4A-07 MORTAR 1. Mortar shall be mud mortar of the same materials as described in 4A-05 2. , 2. Size mrtar joints shall match joints throughout. of existing ' PART 3 - EXECUTION 4A-08 CONSTRUCTION OF ADOBE BRICK ' 1. Adobe mixture shall be worked to attain maximum plasticity with straw added. 2. Mixture shall be forced into forms laid over dry, hard, ' smooth soil. ' 3. Forms shall be removed leaving adobe bricks in place. 4. Bricks shall be turned on edge after three days, or as directed by City representative. Backs shall be cleansed off with a ' trowel.. - 5. Bricks shall not be lifted, transported, or stacked for ' seven days or as approved by the City representative. 6. Bricks shall be dried for three weeks before use or as ' approved by the City representative. 4A-09 REPAIRS TO EXISTING ADOBE WALLS 1 -77- ADOBE MASONRY 4A-2 1 4A-10 4A-11 1. Scrape out deteriorated or damaged adobe as much as required to install a new whole or half.brick in place. 2, Where large areas are to be replaced key new brick into existing courses. 3. Where possible such as at door lintel repair areas. Existing adobe bricks may be removed and reinstalled if undamaged. 4. Take whatever steps are necessary to shore existing walls during the course of repairs. REPAIRS TO EXISTING CRACKS 1. Rake out crack slightly to remove loose dirt. 2. Fill crack completely with new adobe mud mortar. Smooth surface to match existing. NEW WALL OONS7RUCTION 1. Layout brick courses vertically to match existing walls. 2. Lay bricks, to match existing brick layout. 3. At junction with existing walls remove existing bricks as required to interlap new and existing masonry units. 4. Prior to starting new wall. Install a new waterproof bond coat of tar or emulsified asphalt over the top of the existing footing. -78- ADOBE %4SONRY 4A-3* I ' SECTION 5A - STRUCTURAL STEFd., PARI' 1 - GENERAL ' 5A-01 SCOPE The work includes all structural steel work as specified herein, 1 as shown, and as necessary to complete the installation. 5A-02 STANDARDS ' Except where the provisions of these specifications and/or drawings are more exacting, the following standard specifications shall apply where applicable: , ' 1. Specification for the Design, Fabrication and Erection of Structural Steel for Buildings A.I.S.C. edition. 2. Code of Standard Practice for Steel Buildings and Bridges, A.I.S.C., latest edition. 3. Code for Welding in Building Construction A.W.S. D1.0-69. 5A-03 SAMPLES AND SHOP DRAWINGS ' Submit Shop Drawings showing details of meTbers, their connections, indications of size and spacings of bolts and welds; erection plans and base setting plans for the execution of the work showing the ' marking and position of each member. PART G; - PMDUCTS 5A -D4 MTERIALS ' 1. All structural steel and bolts shall be new and of basic open hearth process steel of domestic manufacture conforming to all applicable requirements of ASTM A-36 Structural Steel for Bridges and Buildings. Structural steel tube shall conform 1 to ASIN A-501. ' 2. Conimn Bolts: Conform to AS1:41 Specification A-307, Grade A. 3. Welding: ' a. Welding shall be either the sheilded or submerged arc process and perfommx d by certified welders with approved electrodes as qualified in the "Qualifications Procedure" of the American Welding Society, Latest Edition. Welding ' shall be performed by approved, licensed fabricator. All structural field welding shall have continuous inspection by registered deputy inspector. b. Lc»v hydrogen welding rods shall be used in welding or reinforcing bars and bolts. -79- STRUCTURAL, STEEL 5A-1 rJ 1] F t L 1 I I c. Electrodes used shall be matched with base metal as per MS rewiTnendat ions. 4. All exterior exposed metal such as bolts through adobe and bearing plates shall be galvanized. 5. Paint: Heavy-duty gray oxide primer conforming to Federal Specification TIT 664. PART 3 - =, CI'ION 5A-05 FABRICATION: 1. All fabrication shall be in conformance to the Standard Specifications herein before cited. 2. Verify all conditions and dimensions at site prior to fab- rication. Notify Architect in writing of any discrepancies between drawings and existing site conditions. 3. All connections not detailed on plans shall be detailed by steel fabricator and shall be submitted on shop drawings for approval by Engineer. 4. Shop Painting: a. Thoroughly clean all structural steel, removing all loose mill scale, rust, oil or other foreign matter. b. Deliver paint in original sealed containers, marked with manufacturer's name and brand identification. c. Use paint as prepared by manufacturer without thinning or other admixture. Execute painting on dry surfaces, free from rust, scale or grease. Do not painting in temperature lower than 45 degrees Fahrenheit nor below dew temperature. Steel to steel contact surfaces shall be cleaned by effective mans. d. Apply one coat of shop paint except where it is to be galvanized or encased in concrete. Surfaces to be welded shall not receive shop coats. 5. Galvanizing: All ferrous metal to be galvanized shall be hot -dipped in accordance with ASTM A-123 and then zinc - phosphated in accordance with AST1M A-386 'Types I and II. 5A-06 ERECTION 1. Verify erection process prior to bidding job. No demolition or partial d(imlition of existing adobe walls will be per- mitted. However north wall, to be removed should provide adequate access to the inside of building. -80- STRUCTURAL STEEL. 5A-2 I t 2. General: All work shall be set accurately at the estab- lished lines and levels. Installation shall be in strict accordance with approved drawings and actual conditions and installed in relation to the existing structure as shown. 3. Provide such temporary shoring and additional bracing of the ' steel frame as necessary to adequately and safely support any or all loads imposed upon structure during construction. 4. Field Painting: Materials shall be as specified for shop ' coat. Handling of materilas shall be as specified in 5A-07. Spot paint bolts, field welds, serious abrasions with material same as shop coat. 5. Welding: ' a. Execute welding by operators who have been qualified previously by test per A.W.S. D1.1-72 to perform type of work required. ' b. Use equipment which will supply proper current, as rec- ommended by manufacturer for size of electrodes used, adjusted to suit arrangement, thickness of base materials used. Measure current, voltage used by stuitable meters. Make allowances for line drop when meters are not adjacent to point of welding. c. The testing agency may require each welding operator to have an identifying mark or stamp with which to identify all work done by him. ' d. Take whatever safety precautions are necessary to pro- tett existing wood members from fire or other damage ' during welding. 1 1 IM STRUCTURAL STEM, 5A-3* SE.CTICN 6A - IDUGi CARPENTRY PART 1 - GENPRIIL 6A-01 SCOPE ' The work includes all rough carpentry work as specified herein, as shown, and as necessary to complete the installation. ' 6A-02 STANDARDS Except where the provisions of the specifications and/or drawings are more exacting, the following standards shall apply where applicable: I 1. Standard Grading and Dressing Rules No. 16 of the West Coast Lumber Inspection Bureau. 2. American Wood Preservers Association Specification G1. ' 3. Uniform Building Code. 1979 Edition. 6A-03 GENERAL Rough carpentry work and miscellaneous items and their related components which are to be furnished and/or installed under this section are not necessarily individually described. The most ' important features and those requiring detail description are mentioned. Rough carpentry work and miscellaneous items not ' mentioned or described shall be furnished and/or installed in accordance with the intent of the drawings and specifications and as required to complete the work. ' 6A=04 INSPECTION 1. Except as noted, it is the intent of this project to reuse all existing roof and west porch -framing members. After re- t moval of the existing roofing (bntractor shall conduct a detailing inspection of all existing framing members, to verify their exact condition. Notify Architect or City re- ' presentative of any deteriorated members not identified on the drawings. PART 2 - PRODUCIS 6A-05 AIATERIALS ' 1. Framing lumber shall be Douglas Fir (Coast Region) graded in accordance with the standard Grading and Dressing Rules M. 16 of the West Coast Lumber Inspection Bureau, and shall ' be grade marked by the W.C.L.I.B. All lumber shall conform to the following grades: -82- ROUGIi CARPENTRY 6A-1 I 1 lJ a. Grades. Use Size Porch Rafters Porch Beam Porch Posts Porch Stripping Wood Size Grade 4" #1 Full Size D.F. 2" x 4" #1 Full Size D.F. 4" x 4" #1 Pressure Full Size Treated D.F. Z" x 6" #2 Full Size b. Surfacing: Unless otherwise noted all exposed posts, beams, and stripping etc. shall be rough -sawn all four sides., c. Moisture content: Moisture content of Douglas Fir framing lumber shall not exceed 19`,"0. 2. Plywood Sheathing: All plywood sheating shall be Douglas Fir meeting the requirements of U. S. Product Standard P.S. 1-74. Each panel shall carry the grade trademark of the American Plywood Association along with the DFPA Quality Stamp, and shall be grade -marked "Structural I", Exterior Grade. 3. hough Hardware: Furnish all items of rough hardware required to complete work. All exterior hardware shall be galvanized. a. Nails: common wire. Use galvanized nails for all exposed framing. b. Bolts: Standard mild steel, square or hexagonal head machine bolts with matching nuts and cut washers as in- dicated. Galvanized. c. Lag bolts and screws: Galvanized, conforming to Federal Specification FF -B-561 of sizes shown on drawings. PART 3 - EXECUTION 6A-06 CONSTRUCTION ARID WOIWIANSHIP 1. layout of the work: Before commencing work, check and verify ' all lines and levels indicated and such other work as has been completed, and should there by any discrepancies, imme- diately report to Architect for correction and/or adjustment. ' 2. Framing: All wood framing work shall be properly framed, closely fitted, accurately set to required lines and levels, and secured rigidly in place. Special framing not explicitly ' shown or specified, shall be provided as required to complete the work in the best and mmost worlvmumlike manner. Nailing shall be done in a thorough manner with nail sizing and number' ' -83- ROUGE? CARPENTRY 6A-2 1 I ' or spacing conforming to the unifonn building code or as shown on drawings.. r 3.. Plywood sheathing: Install plywood with long dimension per- pendicular to supports. I I I I I I I I I I I r C] 0 r-84- ROUGH C,ARPINI'HP 6A-3* r ' SECTION 7A - ROOF SHAKES PART 1 - GENERAL ' 7A-01 RELATED WORK SPECIFIED E1.SLZ= ' 1. Built-up roofing specified in Section 7B 2. Sheet metal specified in Section 7C ' 7A-02 SCDPE The work includes all roof shakes as specified herein, as shown ' and as necessary to complete the installation. 7A-03 GENERAL Coordinate sheet -metal and roll roofing installation in conjunction with roof shakes. Be responsible for a complete waterproof installation 7A-04 GUARANTEE Guarantee the entire installation for a period of five years from the date of final completion. 7A-05 SUBMITTALS Submit samples of roof shakes for Architect's approval prior to oormiencing work. ' PART 2 - PRODUCIS 7A-06 ROOF SHAKES New roof shakes shall match existing shakes as closely as possible in size, shape, and taper. Existing shakes vary slightly in length but are generally 3'-0" long by 6" wide and taper from I" thickness to 1/8" thickness. 7A-07 FASTENINGS ' Shakes shall be nailed to roof stripping with hot -dipped zinc - coated nails of length and guage to penetrate 3/4" into the roof stripping. ' PART 3 - EXMCUTION 7A-08 INSPECTION Inspect all areas to receive new shakes. Do not install shakes before any conditions which might lead to leakage are corrected. 7A-09 INSTALLATION ' -85- ROOF SHAKES 7A-1 1 1 1 t 1 1. Weather exposure: 2' - 8". 2. Stripping installation: 1 x 6 roof stripping shall be nailed to 1 x 6 blocks spaced at 2' - 0" on center. Blocks are to be set in roof cement and nailed to roof deck. 3. Shake application: Apply shakes in straight double courses. Allow 1/4" spacing between adjacent shakes. Keep joints in one course at least 1-1/2." from joints in adjacent courses do not directly align joints in alternate courses. 4. Nailing: Secure shakes with two nails at top and bottom (Tbt. 4) place each nail not nore than 1" from the side edge. Drive nails flush. Do not install shingles over wet substrate or during rain. -86- ROOF SHAKES 7A-2* I 1 SECTION 7B - BUILT-UP ROOFING PART I - GIINMIL 7B-01 RELATED WORK SPECIFIED ELSDMERE 1. Roof Shakes specified in Section 7A 2. Sheet metal specified in Section 7C 7B-02 SCOPE The work includes all built-up roofing as specified herein, as shown and as necessary to complete the installation. 7B-03 GENERAL Coordinate sheet metal and roof shake installation in conjunction with built-up roofing. Be responsible for a complete waterproof installation. 7B-04 GUARANTEE ' Guarantee the entire installation for a period of five years from the date of final completion. PART 2 - PRODUCTS 7B-05 BUILT-UP ROOF -87- BUILT-UP ROOFING 78-1* 1. Johns -Manville Specifications No. 100. a. Sheathing paper: 1 layer ' b. Felts: Centurian base felt - 1 layer Asphalt Finishing felts - 3 layers 'C. Bitumen: 220 asphalt d. Surfacing: topguard type B-fibrated ' PART 3 - EXECUTION 7A -0G APPLICATION I. Felts shall be installed, strapped vertically over roof ridge. 2. Back nail each of the finishing felts as well base felt at 9" ' centers. ' 3. Follow all other installation instructions of Johns -Manville "1!anual for Built -Up Roofs" latest edition. -87- BUILT-UP ROOFING 78-1* ' SEMaN 7C - SID]ET METAL PART 1 - GE^iERAL ' 7C-01 RELATED WORK SPECIFIED ELSSVIMRE 1. Roof shakes specified in Section 7A 2. Built-up 'roofing specified in Section 7B. ' 7C-02 SCOPE Tile work includes all sheet metal as specified herein, as shown and as necessary to complete the installation. , 7C-03 STANDARE6 Follow the standards of the Sheet Metal and Air Cbnditioning ' Cbntractor's National Association. PART 2 - PRODUCTS 7C-04 MATERIALS 1. (bpper: Best grade sheet copper, either soft or hard as ' required in each case. The minimum weight of any sheet shall not be less than 16 oz. per square foot. 2. Solder ASTM B-32 half pig lead half block tin. 3. Flux: Best quality pa --.e, non-acid. 4. Plastic cement: Koppers seal -on roofing cement. 5. Fastenings: Cbpper of size and type as required for the ' installation. ' PART 3 - EXECU`fION 70-05 INSTALLATION ' 1. All work is to be done by first class workmen familiar with the best and approved methods of fabricating and installing sheet metal work so as to make a weatherproof and finished installation. 2. Nailing: In general confine nailing to sheet metal less ' than 12" wide; confine nailing to one edge only. Space nails evenly at approximately 4" centers. ' -88- SIIC, METAL 7G1* L SECTION 8B - FINISH HARII9ARE PART 1 - GENERAL 8A-01 SCOPE The work includes all finish hardware as specified as shown and as required to complete the installation. 8B-02 SIBMITTAIS Submit samples of all finish hardware for Architect's approval prior to installation. PART 2 - PRODUCTS , 8B--03 MATERIALS 1. New surface mounted bolts: Stanley #379 6" length Finish #100. Provide one per door, 2. New deadbolt lock: Schlage #B462 P, Finish #613. Install at main entry door. PART 3 - EXECUTION 8B-04 INSTALLATION Install new hardware in accordance with manufacturer's speci- fications and with as little damage to existing surfaces as possible. 8B-05 REPAIR OF EXISTING HAMVARE Inspect all existing hardware. Repair or recondition existing hardware as required. -94- FINISH HARDWARE SB -I* 1 ' SECTION 9A - ADOBE MUD PLASTER PART 1 - GENERAL 9A-01 RELATED WORK SPECIFIED ELSB0=,E 1. Adobe masonry specified in Section 4A ' 2. Painting specified in Section 9B 9A-02 SCOPE The work includes all new adobe mud plaster and existing mud plaster repairs as shown and as necessary to complete the in- stallation. PART 2 - PRODUCTS ' 9A-03 MATERIALS ' Mud plaster shall be as described in Section 4A-05. PART 3 - EXECUTION 9A-01 PREPARATION Or EXISTING SURFACES TO BE REPAIRED 1. Gently remove existing lime or whitewash coating in area to be repaired frau mud plaster walls. Renoval shall be acconr plished with hand tools only. Take care not to damage the existing adobe brick below. 2. Score existing mud plaster layer to remove all loose dirt from surface and provide a key for new mud plaster. ' 9A-05 MUD PLASTER APPLICATION 1. New rmid plaster shall be applied by hand. ' 2. Plastered surfaces shall be covered with wetted burlap to delay drying as directed by the City representative. -91- ADOBE MUD PLASTER 9A-1* I 1 11 SECTION 9B - PAINTING AND WHIl"VASHING PART 1 - GENERAL 913-01 110-A ED WORK SPECIFIED ELSLS17iCRE Priming of structural and miscellaneious iron specified in Division 5A except spot priming specified herein. 9B-02 SCOPE The work includes all painting whitewashing and staining as specified herein as shown and as required to complete the in- stallation 9B-03 SUBMITTALS Sumbit a complete list of painting materials if products other than Fuller O'Brien are used. 9B-04 COLORS AND SAMPLES Paint samples at job site if so directed by Architect or City representative prepare as many samples as required to obtain approval. 9B-05 GUARANTEE Guarantee all surface finishes for the guarantee period to remain free of defects, including the following: 1. Serious or uneven fading. 2. Evidence of blistering, peeling or chalking. 3. Cracking. PART 2 - PRODUCTS 9B-06 MANUFACIUM Fuller O'Brien numbers are used for paint systems for the pur- pose of establishing quality. Equal products of Glidden or Sherwin-Williams may be used subject to Architect's approval. Use only one manufacturer's products for any one system. 9B-08 MATERIALS NOT SPECIFIED BY BRAND NAMES 1. Linseed Oil: Clean, filtered, well settled, raw oil, Federal Specification 111-0-331. 2. Turpentine: Federal Specifications LLL -T-791. 3. Mineral 'Thinner: Best Mineral thinner. -92- PAINTING AND WITITEWASHING 9B-1 4. Driers: Federal Specification TT -D -651a. 5. Shellac: Pure gum, Federal Specification TT -V-91, Type 1. ' 6. Alcohol: D --natured . 7. Putty: Federal Specification TT -P -791a. ' 9B-09 NHITENASH ' 1. Soak 5 pounds of casein in 2 gallons of hot water until the casein is thoroughly softened. (about 2 hours). ' 2. Dissolve 3 pounds of TSP (tri -sodium phosphate) in 1 gallon of water. Add this solution to the casein and allow the mixture to dissolve. ' 3. When the casein - TSP mixture is thoroughly cool stir it into 8 gallons of cool lime paste. Make the lime paste by slaking 50 pounds of hydrated lime in 6 gallons of water overnight. 4. Just before using, dissolve 3 pints of formaldehyde in 3 gallons of clear water. Slowly add the formaldehyde solu- tion to the casein -lime solution; stir constantly and vig- 0 orously. (If you add the formaldehyde too rapidly, the casein will gel and ruin the whitewash). 5. Mix enough for only one days painting at a time. ' PART 3 - EXECUTION 95-10 SURFACE CONDITION t Report unsatisfactory conditions in writing to Architect or assume responsibility for any unsatisfactory finish resulting. All surfaces must be dry and clean. ' 98-11 SURFACE PREPARATION ' 1. Surfaces to be whitewashed: a. All damaged areas of adobe, including cracks and pitted areas shall be repaired with mud plaster and/or adobe prior to whitewashing. b. All areas of existing whitewash and lime plaster which have cracked or pulled away from wall surfaces shall be removed back to solid whitewash areas. New whitewash shall be applied only over solid areas of mud plaster or existing whitewash. All damaged areas shall be rcmved and repaired prior to whitewashing. 2. Surfaces to be painted: Remove all loose and scaling paint. -93- PAINTING AND MIMASHING 9133-2 Take special care not to damage wood surfaces. After removal of all loose paint surfaces shall be cleaned of all dust and ,dirt . ' 9B-12 PAINT OR WHITEWASIi APPLICATION 1. General - except as noted below, paint all surfaces of all ' itcrns, including bottom edges of doors. 2. Ib not paint: ' a. Finish hardware. b. Lighting fixtures and conduits. c. Existing unpainted wood doors. ' 3. Weather conditions: a. Do no exterior painting in inclement or threatening. ' weather. b. Ib not paint at temperatures below 50 degrees Fahrenheit ' or surface temperature is below 50 degrees Fahrenheit. c. Do not paint in foggey weather. ' d. Ib not paint if surface moisture is too high in the opinion of the Architect. 4. Application - apply materials and cut in neatly so as to dry uniformly to the color and sheen specified, free from runs, sags, wrinkles, shiners, streaks and brush works. Brush apply only unless spray application is permitted by applicable codes and Architect's approval has been obtained. 98-13 FINSIH SYSMIS 1. General: Number of coats specified are minimum. Apply as many coats as needed to completely hide surface and to ' achieve uniform color and finish. At areas of whitewash over new mud plaster, whitewash coats shall be as required to achieve same appearance as areas of whitewash over existing whitewash. 2. All new and existing adobe walls, interior and exterior, all existing whitewashed wood trim, wood ceiling and ceiling ' joists, wood door frames and lintels, electrical panel door. a. Prepare surface as described in 9B-11. ' b. Whitewash: As many coats as required for uniform apperance. -94- PAINTING AND WHITEWASHING 98-3 1 IJ 1 1 1 -95- PAINTING AND WHIZDVASHING 9B-4* 1 ' 3. Existing painted wood doors: a. Spot -prime areas of exposed bare wood with 220-23 ex- terior wood primer. b. 'Iwo -coats: 619-xx Ultra color latex house paint. Latex Soni -Gloss Enamel. ' c. Color Cocoa Bar IB33H. 4. New and existing porch framing members, posts, rafters, and ' stripping. a. Lightly sandblast existing rafters to remve existing ' paint. b. 1tw-coats 645-xx Ful -Stain. 5. New steel, columns. a. Shop prime as described in 5A-06. b. Two coats 262-xx Acrylic Latex. ' c. Color: Chalk D59D. 1 IJ 1 1 1 -95- PAINTING AND WHIZDVASHING 9B-4* 1 I P 1 SECTION 9C - =, R TILE PART 1 - GENERAL 9G01 SOME The work includes all floor tile as shown, as specified and as necessary to complete the installation. 90-02 SUBMITTALS Submit sample tiles proposed fo, installation with existing tiles for comparison, for approval by Architect. PART 2 - PRODUCTS , 90-03 MATERIALS Existing soft -burned clay tiles at east and southwest porch areas shall be re -used wherever possible. New clay tiles shall be selected to match existing in size, color, and texture. PART 3 - EXECOTION 9C-04 INSTALLATION 1. Tiles shall be installed over a 3" clean sand base over earth compacted to 90% relative density as shown on drawings. 2. Tile edges shall be butted together as closely as possible and joint areas shall be filled with sand. 3. Tile shall be installed at a minimum 1/4" per foot pitch away from building walls. -96- FILOR TILE 9C-1* I 1 J sECTION 9D - FLOOR TREATiT:NT PART 1 - GENERAL 9D-01 SCOPE The work includes all dirt floor coating as shown as as necessary to complete the installation. 9D-02 SUBMITTAIS Prepare 4' x 4' sample area of dirt floor, as specified, for approval by Architect or City representative before proceeding with the work. PART 2 - PRODUCTS 9D-03 MATERIALS 1. Linseed oil: Clean, filtered, well-settled, boiled oil, Federal Specification TT -L-190. 2. Turpentine: Federal Specification TP -T-801. PART 3 - EXECUTION 9D-04 APPLICATION 1. Flood coat floor with boiled linseed oil. loll -out even coating with a paint roller. Where dryspots appear within an hour, recoat. 2. Allow first coat to dry for three days or as directed by City representative. 3. Roll on coat of thinned oil. (one part linseed oil to one part turpentine). 4. Allow to dry then apply second coat of thinned oil. -97- FLOOR TREA'I1ISENT 9D -l* I I 11 SECTION 16A - ELECTRICAL PART 1 - GENERAL 16A-01 RELATE) DOCUL^1MS The General Conditions, Supplementary General Conditions and Division 1, General Requirements, apply to all cork in this section. 16A-02 SCOPE Provide labor, apparatus, materials and equipment required for installation indicated by Drawings and Specifications. NO,extra compensation will be paid for tests, repairs, removal of unapproved or defective material, or for any other requirements indicated.herein. 1. Provide coordination with dark of the other sections. Work done without regard to work of other sections or other divisions shall be removed as directed by the Architect. 2. Feeders, panels, branch circuit wiring, wiring devices, fixtures, and connections to all equipment requiring electric service. 3. Hangers, anchors, sleeves, chases and supports. 4. Any other electrical work as might be reasonably implied as required, even though not specifically mentioned herein or shown on the drawings. 5. It is the intent of the drawings and specifications that systems be complete, except as otherwise noted, be ready for operation. 16A-03 WORK NOT INCLUDED 1. Openings in the building structure (except sleeves) although this Contractor shall be responsible for their location and size, supplying exact information concerning same to the General Cbntractor so as not to delay job progress. 2. Finish painting, except as noted otherwise. 16A-04 RULES, PEMIITS, FEES AND INSPECTIONS 1. All work to conform to latest rules and regulations of National Electrical Code, Title 24 and with all applicable state or local codes. Should any part of the design fail to comply with such requirements, discrepancy shall be called to the attention of the Architect prior to submission of bid. 2. If, after contract is awarded, minor changes and additions are required by aforementioned authorities, even though such work is not shown on drawings or covered in specifications, they must be included at Contractor's expense. IM ELECTRICAL 16A-1 11 1 [J 1 H 1 H 3. Obtain and pay for licenses, permits, inspections and certi- ficates for inspection which may be required. 4. Before final payment is approved, deliver to the Architect a signed certificate.of final inspection. 16A-05 COORDINATION WITii OTHER WORK 1. Become familiar with conditions at the job site, and with the architectural drawings and specifications, and plan the in- stallation of the electrical work to conform with existing conditions and that shown and specified so as to provide the best possible assembly of the combined cork of all trades. 2. All "tight" conditions must be worked out in advance, with the General Contractor's superintendent and the trades involved, and if found necessary, supplementary drawings shall be prepared by this Obntractor, for the Architect's approval, before work proceeds in these areas. No additional costs will be considered for work which must be relocated due to conflicts with the work of other trades. 3. Any difference or disputes concerning coordination, interference or extent of work shall be decided by the Architect, and his decision shall be considered final. 4. Electrical, system layouts are generally diagrammatic, location of outlets and equipment is approximate. Exact routing of wires and location of outlets to be governed by structural conditions and obstructions. Wiring for equipment requiring maintenance and inspection to be readily accessible. 5. The Architect reserves the right to make any reasonable change in location of outlets, prior to roughing -in. PART 2 - PRODUCTS 16A-06 MATERIALS 1. General: Materials and equipment shall be new and listed by Underwriters' Laboratories, Inc., and bear their label wherever standards have been established and their label service is regularly furnished. 2. Conductors: Minimum size conductors: 20 amp circuits .......... #12 AWG 30 amp circuits .......... #10 AWG 40 amp circuits .......... # 8 AWG 50 amp circuits .......... # 6 AWG No aluminum dire smaller than #6 AWG will be permitted. 3. Conduit: Mational Electrical Products Company, or equal, hot -slip aalvani.zed or sheridized steel-, with conDletely -atertiRht fittings. ELECTRICAL 16A-2 ' -100- ELECTRICAL 16A-3* 4. Panelboards: Sierra Switchboard OD. or equal mounted flush in ' new adobe wall. Provide support as required. S. Lighting Fixtures: See drawings for fixture schedule. ' 16A-07 LIST OF MATERIALS AND SUBSTI=ONS 1. Within fifteen (15) days after signing contract or receiving ' notice of intent to proceed, this Cbntractor to submit for con- sideration a list of materials which he proposes to use, sub- stitutions listed for items hereinafter specified to be accompanied by blueprints and/or other data. 2. Any and all additional costs incurred by the substitution of electrical material or equipment or installation thereof, whether architectural, structural, plumbing, mechanical or electrical, shall be borne by the (bntractor under this section. ' 3. Burden of proof of equality of any substitution for a specified product is the responsibility of this Cbntractor. 4. Where required by Architect to ascertain equality of substitute product, Cbntractor may be required to provide the specified item and the submitted substitution for comparison, at no ' additional cost to the Owner. 5. Place orders for all equipment in time to prevent any delay in construction schedule or completion of project. If any ' materials or equipment are not ordered in time, additional charges made by equipment manufacturers to complete their equipment in time to meet construction schedule, together with ar.,7 special ' handling charges, shall be borne by this Contractor. PART 3 - EXT-CUTION 16A-08 WORKIANS?IIP AND SUPERVISION 1. All workmanship shall be first class and carried out in manner satisfactory to and approved by the Architect. 16A-09 WIRING MEMODS ' 1. Wiring shall consist of insulated conductors installed in rigid metal conduit, except that electrical metallic tubing, plastic conduit and flexible steel conduit may be used as ' permitted by local authorities having jurisdiction. 2. All electrical cork shall be concealed in new adobe wall or above existing ceiling. 3. Minimize damage, by drilling or other means, to existing historic fabric. acess damage done by this Contractor shall be solely his responsibility. ' -100- ELECTRICAL 16A-3* `�tl� �� - Jir.� ����it •��rJlrrrr�r i 1 32400 PA,F0 ADELANTO SAN JUAN CA PIS' FANO, CALIFORNIA 92675 PHONC 493-17]) March 16, 1981 D. W. Contracting Company 1504 Caribbean Laguna Beach, CA 92651 Re: Completion of Montanez Adobe Rehabilitation Gentlemen: Enclosed is a copy of Resolution No. 81-3-3-5, which was adopted by the City Council at their meeting of March 3rd. The Resolution accepts the work completed for the rehabilitation of the Montanez adobe in the amount of $86,819.00. The Council directed that the 10% retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on March 10, 1981; therefore, the final payment in the amount of $8,681.90 may be released on April 14, 1981. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH:ol Enclosure cc: Pamela Hallan Administrative Services INTERINSURANC£ ;,YC;'.I,ti'G o' ice a8I(p O . ", Qo� j AUT AA SOUTHERN CALIFORNIA F RN C AVyF 2601 90UTH FIGUEROA STREET, LOS ANGELES, CAUFORHIA 90007 CERTIFICATE OF INSURANCE THIS IS TO CERTI FY that the Interinsurance Exchange of the Automobile Club of Southern California has issued, to the Insured named herein, a policy of insurance. Such policy and any endorsement attached thereto provides, subject to the provisions, conditions and limitations contained therein, and during their effective period, coverage as described below: NAME OF INSURED WHITEGON, DAVE F EFFECTIVE SEPTEMBER 17, 1980 12:01 A.M. EXPIRATION DESCRIPTION OF AUTOMOBILE(S) COVERED 73 FORD #9988 LOCATION OF OPERATIONS Any place in the United States or Canada �LIMITSOF LIABILITY AND COVERAGES BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY THOUSAND THOUSAND THOUSAND DOLLARS DOLLARS DOLLARS EACH EACH EACH PERSON OCCURRENCE OCCURRENCE 500 1000 50 The above policy has been endorsed to provide the following In the event of material change, suspension, non -renewal or cancellation of this policy will be given by regular mail, to the additional insured named below. POLICY NO. K 2708288 Until Canceled 'IO days written notice thereof California lav, requires that a certificate of insurance or verification of Insurance contain the milowfno This certificate or verification of insurance Is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein- Not- FQI TY OF SAN JUAN CAPI STRAND withstanding any requirement, term, or condition of any contract or other J document with respect to which this certificate or verification of insurance may 32400 PASEO DE ADELANTO be issued or may pertain, the insurance afforded by the policies described herein SAN JUAN CAP i STRANO CA 92675'= subject to all the terms, exclusions and conditions of such policies L M 2021 E 3-80 Gate Authorized Representative ACSC Management Services, Inc. ATTORNEY-IN-FACT This Certificate Completes Your Record INTSATNSURFtN^B £XC"'7-_N'G£ P ®RNC r' N0013 I L E(=' L LAB O FSWIT-7'1`HE�RN C"ALIFORNIA 2601 SOUTH FIGUEROA STREET, LOS ANGELES. CALIFORNIA 9000) CERTIFICATE OF INSURANCE THIS IS TO CERTIFY that the Interinsurance Exchange of the Automobile Club of Southern California has issued, to the Insured named herein, a policy of insurance. Such policy and any endorsement attached thereto provides, subject to the provisions, conditions and limitations contained therein, and during their effective period, coverage as described below: NAME nF INSt1RFn WHITEGONI, DAVE F EFFECTIVE SEPTEMBER 17, 1980 DESCRIPTION OF AUTOMOBILE(S) COVERED 12:01 A.M. EXPIRATION: 73 FORD ##1475 LOCATION OF OPERATIONS Any place in the United States or Canada LIMITS OF LIABILITY AND COVERAGES BODILY INJURY LI ABI LITV PROPERTY DAMAGE LIABILITY THOUSAND THOUSAND THOUSAND DOLLARS DOLLARS DOLLARS EACH EACH EACH PERSON OCCURRENCE OCCURRENCE 500 1000 50 The above policy has been endorsed to provide the following In the event of material change, suspension, non -renewal or cancellation of this policy will be given by regular mail, to the additional insured named below. POLICY N0. K 2708288 Until Canceled 10 days written notice thereof California law requires that a certificate of Insurance or venfi"brm, of Insurance contain the following' This certificate or verification of Insurance is not an insurance policy and does not e amend, extend or alter the coverage afforded by the policies listed herein. Not a - IC I TY OF SAN JUAN CAP I ST'RANO withstanding any requirement, term, or condition of any contract or other 32400 PASEO DE ADELANTO document with respect to which this certificate or verification of insurance may be, issued m may pertain, the insurance afforded by the policies described herein SAN JUAN CAP I STRANO CA 92675 subiect to all the terms, e.clvs,ons and conditions of such policies. Date Authorized Representative RT ACSC Management Services, Inc. ATTORNEY IN. FACT 2021 E 3-80 This Certificate Completes Your Record INT,E,PIMSUPA,NCfE F_'XC1"P—N'G.E � IT Cl►14013 11, E 0.1 `)t7 e C`L43 OF S"(10U7-[`:H ER -N CAIL"IFORNIA 2601 SOUtH FIGUEROA SrII LOS ANGELES, CALIFORNIA 90007 CERTIFICATE OF INSURANCE THIS IS TO CER T"IFY that the Interinsurance Exchange of tie Automobile Club of Southern California has issued, to the Insured named herein, a policy of insurance. Such policy and any endorsement attached thereto provides, subject to the provisions, conditions and limitations contained therein, and during their effective period, coverage as described below: NAME nFINSURFD WHITEGON, DAVE F EFFECTIVE SEPTEMBER 179 1980 DESCRIPTION OF AUTOMOBILEIS) COVERED 12:01 A.M. EXPIRATION 79 FORD #4717 LOCATION OF OPERATIONS Any place in the United States or Canada LIMITS OF LIABILITY AND COVERAGES BODILY INJURY LI ABILITY PROPERTY DAMAGE LIABILITY THOUSAND THOUSAND THOUSAND DOLLARS DOLLARS DOLLARS EACH EACH EACH PERSON OCCURRENCE OCCURRENCE 500 1000 50 The above policy has been endorsed to provide the following. In the event of material change, suspension, non -renewal or cancellation of this policy will be given by regular mail, to the additional insured named below. POLICY NO. K 2708288 Until Canceled 10 days written notice thereof California law requires that a certificate of insurance or verification of insurance contain the followmq'_ This certificate or verd,agnOn of insurance is not an Insurance policy and does not attend, extend or alter the coverage afforded by the policies listed herein- Not FIC I TY OF SAN JUAN CAP I STRANO withstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may 32400 PASEO DE ADELANTO - be issued or may pertain, the insurance afforded by the policies described herein SAN JUAN CAP 1 STRANO CA 92675'' Subiect to au the terms, eaalusmns and conditions of such policies. f J Date Authorized Representative RT ACSC Management Services, Inc. ATTORNEY -IN FACT 2021 E 3-80 This Certificate Completes Your Record AMT,ERaNSURANCE FXCRPMC,E is.-u,r O 1�1 113't Ia t�' l C' L LQ3 O F SOUTHE N' C'XEIFORNIA 2601 SOU'H FIGUEROA STREET, LOS ANGELES, CALIFORNIA 90007 CERTIFICATE (IF INSURANCE ��MOBI(fp! Q Q i GQ? fRN CA�� THIS IS TO CERTIFY that the Interinsurance Exchange of the Automobile Club of Southern California has issued, to the Insured named herein, a policy of insurance. Such policy and any endorsement attached thereto provides, subject to the provisions, conditions and limitations contained therein, ,and during their effective period, coverage as described below: NAME OF INSURED WHITEGON, DAVE F EFFECTIVE OCTOBER 10, 1980 12:01 A.M. EXPIRATION DESCRIPTION OF AUTOMOBILE(S) COVERED 71 VOLKS #7385 LOCATION OF OPERATIONS Any place in the United States or Canada LIMITS OF LIABILITY AND COVERAGES BODILY INJURY LI ABI LITV PROPERTY DAMAGE LIABILITY THOUSAND THOUSAND THOUSAND DOLLARS DOLLARS DOLLARS EACH EACH EACH PERSON OCCURRENCE OCCURRENCE 500 1000 50 The above policy has been endorsed to provide the following - In the event of material change, suspension, non -renewal or cancellation of this policy will be given by regular mail, to the additional insured named below. POLICY N0. K 2708288 Until Canceled 10 days written notice thereof California law requires that a certificate of insurance or verification of Insurance contain the following This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Not withstpnding any requirement, term, or condition of any contract or other CITY OF SAN JUAN CAP I STRANO document with respect to daich this certificate or verification of insurance may 32400 PASEO DE ADELANTO be issued or may pertain, the insurance afforded by the policies described herein Is sublect to all the exclusions and excluand conditions of such policies. SAN JUAN CAPISTRANO CA 92675 J Date Authorized Representative RT ACSC Management Services, Inc. ATTORNEY-IN-FACT 2021 E 3-80 This Certificate Completes Your Record 64 /4 air% �l�a�zjor�f✓z��zd 32++600 PASEO AO EI:ANYO �' SAN Ai N LPISTRANO, CALIFORNIA 92673 January 9, 1981 D. W. Contracting 1504 Caribbean Laguna Beach, California 92651 Re: Change Order No. 1 - Montanez Adobe Rehabilitation Gentlemen: As you are aware, the above Change Order No. 1, which was approved by the City Council on November 19, 1980, contained an erroneous beginning contract date. That date should have read September 29, 1980, rather than the bid opening date of August 27, 1980. Therefore, the new date of completion pursuant to the Change Order should be correctly stated as February 26, 1981. A copy of the corrected contract Change Order is enclosed for your files. If you have any questions, please do not hesitate to call. Very /truly yours, MARY/ANN 41ANOVER, CMC City Clerk MAH/jm Enclosure cc: Pamela Hallan i' ✓ ( � f 32406 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493-1171 November 21, 1980 D. W. Contracting 1504 Caribbean Laguna Beach, California 92651 Re: Change Order No. 1 - Montanez Adobe Rehabilitation Gentlemen: At their meeting of November 19, 1980, the City Council approved Change Order No. 1, a time extension to January 27, 1981, to replace additional wood members damaged by termites for the Montanez Adobe Rehabilitation. If you need additional information, please let us know. Very truly yours, (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cj cc: Pamela Hallan i • r 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493-1173 September 8, 1980 D. W. Contracting 1504 Caribbean Laguna Beach, California 92651 Re: Award of Contract - Montanez Adobe Rehabilitation Gentlemen: At their meeting of September 3, 1980, the City Council took action to award the contract for the rehabilitation of the Montanez Adobe to your company at $85,619. Enclosed are two copies of the contract. Please sign both copies and return the "City Copy" to this office with all requited bonds and insurance. The contract documents are to be executed by your company within 15 days of this notice. I am enclosing Pages 30, 31, 43 and 44 of the bid document which cite the City's requirements for bond and insurance amounts. These requirements must be met as stated before the contract is effective. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cdc Enclosures cc: Director of Public Works Pam Hallan 410.c)o $5.00 (7 ,(tbjC\ NTATIVE CONTRACT O,cci FICATIONS ARAW JJY65 AWARD DATE: pv" A M E A Q Q R E %SA S PHONE U0. copir r;. T" GEORGE F. J. HILL INSURANCE AGENCY, INC. P. 0. Box 837 Laguna Beach, CA 92652 DAVID FORREST WHITEGON, DBA: D.W. CONTRACTING CO. 1504 Caribbean Way Laguna Beach, CA 92651 X X X A X 1209 79 53 X X TRANSAMERICA INSURANCE COMPANY FREMONT INDEMNITY INSURANCE CO. 12-29-80 11000 11000 B WN Y9 U76753 12-29-80t�I¢f'tl; This`ceAittcAe'or VbfWicAibn Of iM6ah6d is ii�t at ingAfici policy and does not amend, extend, or alter the coverage afforded by the policies listed herein Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, tht insurance .afforded by the policies described herein is subject -to all the terms, exclusions, an, conditipps of such policies., ..30 _ ADDITIONAL INSURED:(Transamerica policy .only) CITY OF SAN JUAN CAPISTRANO September 16, 1980 32400 Paseo Adelanto San Juan Capistrano, CA 92675 'IY]!Erffiii®tl'. L' W it6! �n .i lRki vl vi..�„ 1 �PxSeJSu�Wlgn axic.. ut. 'an esm'�r�p��r.auxxtu., ' Y8"I,lmxamwis>vu>a,�aHilt{��IliY�6YLMwW<OBY�C�ILW�11,Itl INTERINSURANCE E: ANGE of the NUTOMOBLE CLUB OF SOUTHERN CALIFORNIA 2601 SOUTH FIGUEROA STREET, LOS ANGELES, CALIFORNIA 90007 Name and Address of Lienholder or Employer r— City of San Juan Capistrano 32400 Paseo De Adelanto San Juan Capistrano, Ca 92675 BINDER OF INSURANCE Policy No. -K-27-0--a2--ET8 --------------- Control No NOTICE TO LIENHOLDER IN THE EVENT OF CANCELLATION OF THIS BINDER, THE EXCHANGE WILL GIVE THE LIENHOLDER TO DAYS' WRITTEN NOTICE OF CAN- CELLATION. Branch of Lienholder. L —1 Dealer The Interinsurance Exchange of the Automobile Club of Southern California hereby acknowledges itself bound to the named insured for the cover- ages specified in the schedule subject to all the provisions of the Exchange's applicable policy form. The issuance of a policy to the named in- sured or, if a policy is in force, the issuance of an endorsement covering the automobile, boat or trailer described herein shall void this binder. A pro rata premium 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 made unless such a policy or policy endorsement is issued. This binder shall not be construed to afford cumulative insurance with any existing policy. , Name of Insured______White_____gon___D_____ave _____ F, MailingAddress_______ ---------------------- ..__________________._________________-----_-----------------------------------___ 1504 Car rib ean _ _ ____ Laguna_ _ -Bea -ch ___ CA _, ____ 92651 __________________ _______________________________________________________ _______________________ DESCRIPTION OF AUTOMOBILE, BOAT, OR TRAILER Car q Year Trade Name Type of Body or Boat Motor, Serial or Ident. Number Car p 79 Ford Damage Liability 50 thousand dollars, each occurrence bound _Property Payments $ each person _Medical Uninsured Motorist $15,000 each person $30,000 each accident bound SCHEDULE KIND OF INSURANCE LIMITS OF LIABILITY "BOUND" indicates Coverage afforded AUTOMOBILE: Bodily Injury Liability 500 thousand dollars, each person Car 8 1 000 thousand dollars, each occurrence bound Car k Car p Damage Liability 50 thousand dollars, each occurrence bound _Property Payments $ each person _Medical Uninsured Motorist $15,000 each person $30,000 each accident bound Comprehensive (me. Fire and Theft) (a) Actual Cash Value (b) Stated Amount of $ (c) Actual Cash Value less $ deductible Fire and Theft only (a) Actual Cash Value (b) Stated Amount of $ Collision (a) Actual Cash Value $ deductible (b) Stated Amount of $ less $ deductible V.S.I. (Conversion, Embezzlement, Secretion only) COMPREHENSIVE PERSONAL LIABILITY thousand dollars Personal Liability, each occurrence BOAT: Physical Damage Perils deductible 19-_-____•--------_- 12:01 a M. Effective Dale of Binder____ Sept___________________ _ _______________ 80 _______________ Hour This binder shall expire 60 days from the effective date or may be canceled by the named insured at any time during such 60 day period. The Exchange may cancel this binder by mailing to the named insured at the address shown above written notice stating when, not less than 10 days thereafter, such can- cellation shall be effective. The mailing of such notice shall be sufficient proof of notice. Laguna Hills risaid Office __.______________------------------ ACSC Management Services, Inc. Stephanie Ferguson ATTORNEY -IH -FACT - ------- --- ----------------------- - ----------------- --- -- ------- (Authorized Representative) apeval. The Contractor an *--.y sub -contractor under him shall comply with UM 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 0£ Division 3 of the Business and Professions Code concerning the licensing of Contractors. All bidders and Contractors shall 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, and 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. The Contractor shall likewise obtain.public liability and property damage insurance to cover vehicles used or maintained by him whether on or off the oremises, i with liability limits of not less than $250,000 for i any one person and $500,000 for anv one accident, and property.damage of $100,000. The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the Contactor may be involved in the• accomplishment of the work may require greater amounts. The City will not recognize.any claim for additional ccmnensation because of the requ-irement for greater amounts or insurance, as this is an element to be considered by the Contractor in determining his bid. f•' Said policy or policies of insurance shall name the City of San Juan Capistrano 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 e_mplover's liability insurance shall be maintained during the life of the contract covering all employees on the project. In case any. -r 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 coverage, as herein provided, of all employees of any 7 subcontractors. Such insurance shall be furnished by companies satisfactory to the City and certificates showing that all the above-mentioned insurance has been -43- MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May 27, 1980 IN RE: LETTER OF AGREEMENT MUTUAL AID FIRE PROTECTION THE MARINE CORPS AIR STATION, EL TORO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to sign the Letter of Agreement, dated May 27, 1980, between the County of Orange and the Marine Corps Air Station, E1 Toro providing for mutual aid fire protection. IN RE: MEMORANDUM OF CONTRACT HOUSING AND COMMUNITY DEVELOPMENT MONTANEZ ADOBE RESTORATION CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to sign the Memorandum of Contract (Agreement No. C25409) dated May 27, 1980, between the County of Orange and the City of San Juan Capistrano for the restoration of the Montanez Adobe structure. ®F1013-2.3 (12/76) � � 8� «:++dry • 1S 2d 00 PASEO ADELANTO' a ) SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE 495.1171 � May 12, 1980 Mrs. June Alexander Clerk of the Board of Supervisors County of Orange P. O. Box 687 Santa Ana, California 92702 Re: Restoration of the Montanez Adobe - Agreement No. C25409 Dear June: At their meeting of May 7, 1980, the City Council took action to approve the Agreement with the County for Restoration of the Montanez Adobe. Enclosed are four copies of the Agreement which have been executed by the City. Upon execution by the appropriate County officials, we would appreciate the return of one copy for our files. Thank you -for your cooperation. Very truly yours, (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cj Enclosures cc: Bob Pusavat, Manager, !, V Housing/Community DevelopmentDirector of of Community. Planning and Development