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09-1117_MARK SAUER CONSTRUCTION INC_Contract
CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and MARK SAUER CONSTRUCTION, INC., 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 Instructions to Bidders, the Proposal, the Non- Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction (latest edition), including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance 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 necessary to perform and complete in good and workmanlike manner the construction of the Montanez Adobe Restoration and Seismic Retrofit Project in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the City Clerk's office, 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. Base contract amount is estimated not to exceed a total of$108,400. FOURTH. COMMENCEMENT 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 impractible 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, Two Hundred Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as C1 required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100°/x) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) 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. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. C2 The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar 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. NINTH. E-VERIFY. If CONTRACTOR is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, CONTRACTOR shall enroll in the E-Verify program within fifteen days of the effective date of this Contract to verify the employment authorization of new employees assigned to perform work hereunder. CONTRACTOR shall verify employment authorization within three days of hiring a new employee to perform work under this Contract. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/employerregistration. CONTRACTOR shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Contract. Failure to provide certification will result in withholding payment until full compliance is demonstrated. C3 IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano I DATED: BY: i AY R j BY: ;CO/NT # & CLASSIFICATION i �WA I I I � AT ES ! City "k t APPROVED AS TO F M: a O City Attorney I t i i t i 'f i i f t C4 i f I I Executed in Triplicate Bond#789178P Premium: 3,629.00 r-5 E R F O:R tV1:A N C E BOND Premium is for contract terin and is subject to adjustment based on final contract price KNOWAL.1_MEN BY THESE 1::'RESENTS,that_Mark Sauer Construction.Inc,._.__�___ ______ ---- -- ___________.._.__...------•--.-----..__...�--- .els Principal {hereiilaftC3r ca:lied "C;or1tr'.act.ol'"), and Developers,Surety and Indemnity Company els SLWOfy (hereinafter called "Surely"), are held and frm.ly bound unto the City otsari .Juan Capis as obligee (hereinafter culled "City"), In the am.otint ofOneHundred Sixty-Eight ` 168,400.00Thousand Four Hundred and No/100 )olfars re Of __.. )forjaSn1J he Contractor and Surety bind thernselves, theft heirs, executors,admi.istrators,:successors and:assigns, jointly and severally, fairly by these presents: I WI-IERE:.AS, C'ontLeactor has, by written agreement elated .:........... jentered into a (describe agree:nlent): Montanez Adobe Restoration and Seismic Retrofit Protect. f i i which contract is, by reference, rrlade a part hereof. :NOW, PIERE.I=ORE , the condition of this ob:l gat.iorl is such that, if Contractor shall I promptly and faithfully �erform:sa agreernerit; ttlen tl'lis obligation shall be nGrll and void; otherlvise it shall remain in full:fora; and effect. S urbty waives whatever legal right it may i r have to require that a demand be made first against the Contractor in the event of default. f :BE 1.1 FURZ T HE.R RESOLVED, that: a 1. As a dark of the obligatio secured hereby; and in addition to the face arrrou.rrt . specified, there shall be included costs and reasonable expenses and fees, including R reasonaiale attorney's fees., incurred by City in successfully enforcing such 0biigation.,all to be taxed as costs and included in any judgtrlent rendered. '4 j i f f E 4 P11 i r 2. >aict SW'ety,for VaIlle:re:c eived, hoc reby stipulates and afire es t�lat rib c h@nge', (�rt�i pies-, of tirt"le, alontiom or mWeadon nf Ule conti,�.ict c��c.a.i���erii.�, or of the work to be peloaned there under, shca.11 in any way cOfect its obligations at this band, and :it clues bfereby waive: Notice W any such change, Qxtensioh ofCme, alteration or n-io tification of the contract cjoo.L�.nje;rts pr of wod<lo be p rfcrnl(-�d there ander. Executed tl x December Glld"� Decemb ; at Ist - ray �E W__�,......_ - 1 �.5an.Bernarl_rni! __ PRINC IiPAL ar/ANuD�SEAL)Construction,Inc. (l�?C:}TAI� f�'A�l^I APPROVED AS TO FOFZM�: CAQ Mom y SURETY vevel(q)ers Surety and Indemnity Company J ' I F ----------- (NOTARIZATION AND SEAL) P82 CALIFORNIA ALL-PURPOSE ACKIV ILEDGEMENT State of California SS. County of San Bernardino On December '[, 2009 before me, Cynthia J. Young, Notar Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") Personally appeared Pamela McCarthy Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the CYNTHIAYOUNG within instrument and acknowledged to me that she COMM.# 180661 executed the same in her authorized capacity, NOYARY PUSUC~CALWORNIA1 and that by her signature on the instrument the SAN OL49NAR01mo COUNTy My Cvs�tm. July 15,.209 person, or the entity upon behalf of which the person , acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r / Signa(u)of Notary Pj is OPTIONAL �y Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title • 0 Partner -- O limited 0 General thumb Top of th 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-330© KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited;DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAU FORNIA.do each,hereby make,constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attorney(s)•ln-Fact,to make.execute,deliver and acknovviedge,for and on behalf of said corporations,as sureties,bonds undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents; are hereby I at3fied and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and iNDEMN€TY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the altorney(s)named in the Powers of Attorney to execute.on behalf of the corporations,bonds,undertakings and eantraots of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate slating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporations when so affixed and in the future with respect to any bond,uncle taking or contract of suretyshlp to which it is attached IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective!lice President and attested by their respective Assistant Secretary this January 1st,2008. gY.m._ -: _ _ ct Aw 'l ?ANY Stephen TPate,SeniorVice Preslden P4 Ft? , z OCT � fi t w OCT,5 � By- ... -- . - ..- .._ fl t 3 6 e : us t67 a, Charles L.Day.Assistant Secrefar7 < J` t`' t �. State Df California County of Orange On._ T,_..,January 1st,20x8 .__ before me,_ ChrstCOW J Roach,Notary Public T T� Date Here Insert Name and Title of the Officer personally appeared mm... _. Stephen T Pate and Charles L Day— -- — — - --- .. .-- - Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons)whose names}isiare subscribed to the within hin instrument and acknowfedged to me that helshelthey executed the same in hislher,their authorized th CHRISTOPHER ISTO J and that by hisfherltheir signature(s)on the instrument the person(s),or the entity upon behalf of which the persons}acted,execrqed the Instrument. COMM.#1745939 NOTAFY KJOUC CAUFOPNIA i certify under PENALTY OF PERJURY underthe laws of the State of Ca€ifornia that the foregoing paragraph is ORANGE'�TY ru true and correct. MY cats m,explim May 19,2011 WITNESS my hand and official seal, Place Notary Seat Above Signature - Chr' er J,Roach CERTIFICATE The undersigned as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power cf Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate This Certificate is executed in the City of Irvine,California,the day of ry Albert Hillebrand Assistantecretary C-1380(VVet)(Rev.07I07) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of KI On � fill r)bffi before me, ",-F , (Here insert narne and title of the officer) personally appeared f_� 'SC 'UO who proved to me on the basis of satisfactory evidence to be the person,(�f whose name are subscribed to the within instrument and acknowledged to me th��shelthey execuited the same i her/their authorized eapacity(jc�; and that b3&herltheir signature a- on the instrument the person(', or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J J.D1�R�iAM 0 COMM. #1844383 � � Notary Public•California WITNESS my hand and official seal. z Riverside County ° CtAy Com.Expires Apr.12,2013 Si ture of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETINGTHIS HIS FORM Any aclmoivledgment completed in Cal forma must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCIJMI;NT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a "'Perf6flAcur I ( document is to be recorded outside of California.In such instances,any alternative r description of attaledacknoiviedgmeni verbiage as may be printed on such a document so long as the (title ar description of attar ed ocut ctrl) verbiage does not require the notary to do something that is illegal for a notary in California (i,e. certrf%ing the authorized capacity of the signer) Please check the T l) f ' .et ii document carefully for proper notarial ivording and attach this form if required (Title or descrapti �t of attached document eoutirnu dj' t • State and County information must be the State and County where the document Number Of Pages Document Date t signer(s)personally appeared before the notary public for acknowledgmcm. . Date of notarizations must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personalty appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/tltey;is late)or circling the correct forms.Failure to correctly indicate this II7LIlV[dtlal(s) information may lead to rejection of document recording. r orat*e Officer o The notary seal impression must be clear and photographically reproducible. K Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) . Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact 4 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ OtherIndicate title or type of attached document,number of pages and date. _.. Indicate the capacity clairned by the signer. if the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 iv%vw.NotacyClasses.com Executed in Triplicate Bond#789178P its Per fo"wanceBuie. LA'BOR AND MATERIAL ND Know al I men by these ares o,nts: 'That wherez-As, the City of' a municipal corporation of Orange County, Calif0 n a r i , has awarded to: Mark Sauer Construction,Inc. License No. for contract 11 rei -,,signated as Montan d WHEREAS, said Principal is reqUirod to furnish a bond in Mth the said contract providing that if said princip,-:11, oany ny of his/her or.its SUb-contractors, shall fa.il to. pay for any materials, provisions, Provender or other supplies or teams used in, upon, for of- abOUt the perforrn-ance of tile walk con.traoted to be done, or for anor y work labor done thereon of any kind, the svrety or this band will pay the qiaille. Now, therefore, we ---------- D Frincipal, and DeN :elopers-sS'u'retv'and as sul'OtY,. Are held firmly bound unto the� City (if'123an juall Capistrano, a 1"1-1 Lr 11 ioipal corporation, in the penal SUM of One Hundred Sixt EjglLtl� -)OLLARS V_ p4 ......... hic, lawful money of the United States of America, for payment .of w h Slim well and tru.1y to be made we bind ourselves, our heirs, e>,eoutors, administrators aj�d Fuccessprs, joiMly and severaiiy, firmly by 'these presents. The (-cinditibn of this obligation is FjLrclj tjj�it, if said Prindpal, his/hOr Dr Its heirs, executors., adrnitiisti-atct,s,.sr.iccf--ssors or assigns, of,sub-contractors, shall fail to pay for any materials, Provisions, provender, or tennis: or other supplies or equipment usod in, UpOrl, fOr or about the petlormance of the work contracted to be done, or for any work or labor done., thereon of any kind, or for arnounts dUe Under the Lir employrnelnt Insuranco Act with respect to such work or labor as required by the, provision,,; of Title 1, Division 5, Chapter' 3 of the Governignent Code of Gafifomia as -no �n @�j atnount not exceeding the sum amended, that the surety will pay for the sar specified in this bond and also jf`r cclse suit is brought upon the bond, ►_asorjable' attorney's fee to be fixecl by the coui-t. This bond stiall inure to the banefit of a_ 11Y and c -jipani( , c-,,rtjt1ed to 'Fila cla.inis under said act, so as all pecsorls' oi as, and corporations j�, ,�18si -1 any suit h a glj�) lj rc)u�c ht uporl thi, b nd, to give, a right of action to thf-7,M or qj Further, the said surety, for value received, hereand by stipulaites aagrees. that. no ge Ghan , exten:sian o.f tirne, alteration or modification of the contract doCUMOMS Or Of the work to be p(afformed there undc,,r ,,hall in any way affect its obligation on this 11a ti bond and it does hereby waive J�otjGC- Of aFly SLIC11 ON-alln O ge, OWerlSiOf time;, It.er a on or modification of fl'ie contract docun-re or of work to be performed there Under, As a part of the obfig�,)Bran secured hef raby, andin addition to rhe, face amount specified tljer•e fore, ihere shall baa included costs and t'easonable expenses and fraes', inc killing reasonable Batt arney's t=ees, ineur°re>d by City i►j succ essfLilly enfwc[ng such obligation, all to be, taxed as costs and included in any judgment rendered. In witness. waernof three (3) identical c al counterparts of this instr-ur nevi, each of which shall for all purposes be deemed ars original tljej,eof, have been duly executed by the ri��ci t l and ,rirety herein n arned oil the _Zst . _-__ _ dray of. December..-_ _. .:__20.a9 ---._..:__. The narne an(. ,orporate seal of o ach co€i�or�a't'e pa a ty beii,ig horatri �fii�w�cl �arid ihese presents duly signed by. .itc, r;gilder signed represenfafive} pursuant to authority of its governing body. PRINCIPAL By: Mvelopers Surety and Indemnity Company —:..............---- SURETY BY'4—i _ . Pamela McCarthy,Attorney-in-Pact APPROVED ASTOFORM City Attorney l_M2 CALIFIORNIA ALL-PURPOSE ACKN tLEDGEMENT State_ of California SS. County of San Bernardino On December 1, 2009 before me, Cynthia J. Young, Notary Public Name and Title of officer(e.g.,"Sane Doe,Notary Pubic") Personally appeared Pamela McCarthy Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the ;: •' •. CYNTHIA J. YOUNG within instrument and acknowledged to me that she COMM,# 1806614executed the same in her authorized capacity, NOTARY Pus -cAL�FORNIAI and that by her signature on the instrument the SAN BE't@A@ARDINO rWtM My COMM.EXPWM.JulY 15,2012 person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r/. Sign t e of Notar*#41ic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removaf and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CI Individual © Corporate Officer Title 7Top ® Partner -- ® Limited ® General umb here ® Attorney-in-Fact Trustee J Guardian or Conservator Other: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY Of CALIFORNIA PO Box 19725,IRVINE,CA 92623 {949)283-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNi COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of sufety- ship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Atforney(s)-in-Fact,pursuant to these presents; are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorneys)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January i st,2008. <%� RY...__._...._. w�.,�.�y.ANtt f��a �PAfV Y Cy Stephen T.Pate,Senior Vice President ;; ? p0R q OCT.5 t 16 By: __..,_...._,_...,__._...____._...___._._..... .. ._ =Q. ©': t 9 3 6 1967 u Charles L.Day,Assistant Secretary >'. �,, 0 State of California #„ ,,.•'' County of Orange On_.. January 1st,2008 before me, __._.__.. Christopher J.Roach,Notary Public Date Here Insert Name and Title of the Officer personally appeared �...__.._ _ Stephen T.Pate and Charles L.Day mm Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that hefshelthey executed the same in hislherltheir authorized CHRISTOPHER J.ROACH eapaclty(ies),and that by hislhedtheir signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. COMM,#1746M NOTARY Ii CAUMVit# I ceriffy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and carreut. My t;rsrr'mC 4eOM May 19,2011 WITNESS my hand and official seal. Place Notary Seal Above Signature �i�— Chr er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in fuli force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the day of 6y: Albert Hillebrand,Assistant ecral:Z i D-1380(Wet)(Rev.07107) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Ty _� C)n" 6JX( t before me F< f (Mere insert name and title of the officer} personally appeared. t who proved to me on the basis of satisfactory eviden to be the persol,i((((4whose namq-6. re subscribed to the within instrument and cknowledged to me tha�h.,e'shelthey executed the same i jl �,herltheir authorized eapacity(ie , and that by_C erltheir signatureO on the instrument the person),or the entity upon behalf of which the person r -acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - JlDSR _'I COMM. #1844383 � amy Notary public-California � WITNESS my hand and official seal. Riverside County Con.E 5!E.1Z 2D13 .� (Notary Seal) a ig ature of Notary Public ADDITIONAL, OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he * properly completed and attached to that document. The only exception is if a �t ' � ° �� document is to be recorded outside of California.In such instances,any alternative (Title or description of attaclae�i doc Hent acknowledgment verbiage as may be printed on such a document so long as the t verbiage does not require the notary to do something that is illegal far a notary in California (i.e. centoing the authori ed capacity of the signer). Please check the (Title or description of atta, ed1docomeritcorninu d) document carefully forproper notarial wording and attach thisform if required. Number of Pages 41 Document Dat tn. • State and County information must be the State and County where the document -. te signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Eltrdividual(s) lie/she/they;-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. 'Gorporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a __.(Title) sull icient area permits,otherwise complete a different acknowledgment form_ EJ Partner(s) . Signature of the notary public must match the signature on fele with the office of the county clerk. ❑ Attorney-iti-Fact Additional information is not required but could help to ensure this ID Trustee(s) acknowledgment is not misused or attached to a different document- Other Indicate title or type of attached document,number of pages and date. - - Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 vmw.NotaryClasses.coin Executed in Triplicate Bund#789178P Premium: 3,629.00 PERFORMANCE BOND Pr4mdtun is for contract term and is subject to adjustment based on final contract price K1 OVV A1..1_ K4 E N 131r-r1-iESE i"'R ESENT S, that-Mark Saner Construction,Inc. T as l"rinc.;ip l (hereinafter called "Contractor") and Developers Surety and indemnity Comnfanv ur oty (hereinafter called "Surety"), are held and firmly bound unto the Carty of Sa"I ,duan Capistrano, as obligee (her einaftew called "Cally"), in the arnoUnt cif One Hundred Sixty-EiOit— Thousand Four Hundred and No/100o 1at � for paymentpaymentWhe'i cof C ontractoa and Sr-rrety bind lherrrseives, their hairs, executors, adrnir i�tr'rator 7, successors and assigns, jointly and spvw ally, fairly by these presents. WI I IIE Rf=AS, GvonlT actor lavas, by writtenagreement dated._.-.__.....--_,_--II-------___--_ e nte,re,d into a (describe agreernent): .n ntanez Adobe Restoration and Seismic Retrofit Proiect. which contract is, by reference, rn ade, ca tart lame of. NOW, T I--IEREFORE, thea condition of this obligation is su , that, if Cora tr�actc�r' shall promptly and fai-ifully perform said agroernent,'then this obligation shall be null arid void; otherwilse it shall ►'emain In full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of do'lault. 131E IT FURTHER RE SOf VE, D, that; 1. As a partofthe obligation secured herfaby, G3nd in addition to the;face rarr;Cur-rt specified; there, shall be jncluded costs and reasonable expenses and fees, including rea,,on able attorney's fees., incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgira{wnt rendered. PE31 2. Said Sw.fity, for value received, h € ,by stipulatps and agrees that riga extc-,nsjorl of f ride, aitera.flon, Or niodificatlan of the CW-R art d=:i€nerlts, or of the work to be pet-fa€°€-fieri there under, shall in any way affect its obligations or this bond, avid it aoes ?t0'rr Lby waive rnolice of arty such char cis:, eXton sion of flmel, alteration or modification of the contract dOCUlTlel7tS ar of work to be erformed there u€-€cler_ s December ..._ __._-_-- 1C�C?:�1; at _San-B. ernartlino iM.�;ec��teci ala€s 1st...... c���y r;€ _�.....��_.-...___:._:_... --_..--------..-_---_ California. PRINCCI )AL Marls S uer onstruction,Inc. (NOTAF,flZATION AND SEAL) APPROVED AS TO FO R- M: City Attorney SURETY Developers Surety and Indemnity Company '_ ,.. . Y Pai3rela McCarthy,Attorney-in-Fact (NC)�ARIZATI0N AND SEAL) r I-�B} CALIFORNIA ALL-PURPOSE ACKN fLFDCMENT ----------- State of California SS. County of San Bernardino On December 1 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer(e.g.,"Jane toe,Notary Public") Personally appeared Pamela McCarthy Name(s)of Signers) who proved to me on the basis of satisfactory evidence CYN -�A J YNR to be the person whose name is subscribed to the " COMM 1nN _ within instrument and acknowledged to me that she NOTARY - ORNEA executed the same in her authorized capacity, SAM s aNAo COUWy "° and that by her signature on the instrument the ° M'COr"'r'• +� 15,2012 person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si ure of Notary/'ublic F OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer{s} Signer's Name: f❑ Individual O Corporate Officer Title 7op O Partner -- a Limited O General umb here ® Attorney-in-Fact O Trustee ® Guardian or Conservator Other: Signer is Representing: 3 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint ***]ay P. Freeman,Pamela McCarthy, Susan C. Montell Frances Lefler, jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessa€y,requisite or proper to be done in connection therewith as each of said corporations could de,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and iNCFMNITY COMPANY OF CALIFORNIA,effective as of January 9st,2808. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualli ng the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship,and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is:authorized to attest the execution of any such Power of Attorney; RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any cerfificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN VNITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 sl.2008. Stephen T.Pate,Senior Vice President e �?a; �r�Rq: ,?� _ Qp POA9 w OCT, . /� CT.S o rt BY:_(;61a-�:+�'�/ ...__.-.. ...___. - = 1 9 3 ti u 1967 Charles L-Day,Assistant Sec etary 4 F0 Stale of California County of©range On _._ January 1st,7008 before me,---- ---.—_-...-..Christopher J Roach,_NetayPublic Date Here Insert Name and Title of the Officer personally appeared ......._.... ___.__.. Stephen T Pate and Charles L.Day-- -- Name(s)of Signer(s) ........ who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to A. the capwithi instrument and acknowledged to me that helshwthey executed the same in hislherltheir authorized which the persons)acted,€slhorltheir signature(s)on the instrument the person(s),or the entity upon behalf of CHRSTOPHER J, executed the'instrument. _ GOK4 1.#1745939 :E NOTARY Pt.1i GAUFOANfI certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is Ol COUNTY ^' true and correct. Y cismrin:expiries May 19,2011 �~ WITNESS my hand and offiial seal. Place Notary Seal Above Signature ChrL% er J Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA;does hereby certify that the foregoing Power ofAltorney re€rains in full force and has not been revoked,and furthermore,that the provisions of he resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Jrvine,California,the ( day of Albert Hlliebrand,Assistant ecretary I D-1380('JUet)(Rev.071U7) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Mate of California County of .05�A" ` On ,� ., before me, (Here ins, name and title of the o icer) personally appeared a ,I who proved to me on the basis of satisfactory evidenc to be the person(4 whose naeLlAre subscribed to the within instrument and acknowledged to me thatPshelthey executed the same ier/their authorized capacity(jes), and that by 6?herltheir signature(s) on the instrument the persons), or the entity upon behalf of which the person(Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �. - - - - I.DURHAM. � COMM. #1844383 z Notary Public-Calitnruia o WITNESS 1rI hand and official seal. z Riverside C4ur48y - ECOME Apr.120 2013 ` (NotarySeal) Signage of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTR€JCfIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRL:'ILON OF T14E ATTACHED DOCUMENT appears above in the notary section or a separate acknoirledgment form must be w properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative (fitl or dscription of atta�'hed acus cnt) acknowledgment verbiage as may be printed on such a document so long as the a+ verbiage does not require the notary to do something that is illegal or notary in iaL r n f j y, ? California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description f ched document cantina } document carefully for proper notarial wording and attach this form if required. s [ e State and County information must be the State and County where the document Number of Pales Document Date signer(-,)personally appeared before the notary public for acknowledgment. . Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by acomma and then your title(notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e. El Individual(s) helshe/they;"'is/are)or circling the correct forms.Failure to correctly indicate this infonnation may lead to rejection of doeurnent recording. CoVrate.Of tCer . The notary seal unpression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. I❑ Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document, ❑ Other Indicate title or type ofattached document,number of pages and date. - Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e,CEO,CFO,Secretary). . Securely attach this document to the signed document 2008 Version CAPA v 1.2.10.07 800-873-9865 A.ww.NotaryCIasses.com Executed in Triplicate Bond-#789178P iii Performance Dond LABOR AND MATERIAL SOND, Knowall risen by these presents; "khat whereas, the City cif Scan JUan Capistrano, a I-nt.jnicjpa.l corporation of Orange County, California, has awarded to, Mark Sauer Construction,Inc. License No. here�,itiafter °PIri rl cipal", a contract and WHEREAS, said Principal is required to furnish a bond :in connection with the said contract providing that if said pi-jrj:cjp@l, or any of his/her or its. sub-contractors,shall fail to. pay for any materials, provisions, provender or other supplies or teanis used in, upor1, fol- or about the perfornlance of tile wc)rk ter nb-acted to be done, or for any work or labor dome"; thereon of any kind., tho �wrety or this sand will paythe nanle. Now, therefore, we -.-M Mark Sauer C4jjr 'Principal, and surety, Are held firn-ily bound unto the City of >an juan Capisfi,ano, a. mu.n1cipal corporaUon, it] the penal sum of One Hundred Sixty-Eight Thousand,jFoiLT-U4-nArtd.11_ud_Nf)j -)OLLARS IaWfUl nloney of the United S States, of America, for Payment of wf iicll sui-n well and truly to be made we bind ourselves, our heirs, executor-a, ach-ninistrators and successors, jointly and severally, firmly by these presents. The oondition of this obligation is such that; if S'ald FlrincipW, his1her or its heirs, executors, or assigns, or sub-contl,actors, shall fail to pay fol, any aiaterials, provisions, provender, or teams, or other Supplies or equipment msed in, upon, for or about the pe rform,@ lice of the work contracted to be done, or for any work Or 121)0t' dC)n(-, thereon of any kind, or for amounts dLl.(::' under the, Ur omployrnent Insurance Act with cespect to such work- or labor as required by the provisloris of Title 1 , oivision 5, Chapter 3 of the: Goverm-nent Code of California as the carne: in ,:in amount not oxceeding the sura ame,nde,d, that the SUl --Ity Will pay foi $>Pecifled In this bond and also il) Case s� t is brought upon the bond, is reasonable attorney's fee to be fixed by.the court. This borld shall Inure to the branefil of any aild all pers -atjon5 entitled to file, claimsuoder said aco t, sas , ons, companies and corpoi to give, a right of action to them or their assigns in any suit brought upon this bond. Further, the, said surety, for ValUO received, hereby stipulates and that no change, extension of time, alteration (.)€;n)odification of the contract docurnerits or of the o,,ork. 41.0 be PerforMed there under shall in :a,-ly way affectAs obligation 01) this E~and and it does hereby waive, notice of any scic[I c,,li.ange, extension of time, alteration of, modification of the contract down-)erits or of work to [)o performed there under. As a P)rt cil:tr;e obligat on secured here by, and it-i �J.ddit'ioh t0 the face 81-noWlt specified therefore, there shall be included casts and reasoriable expenses and fees, irnci+.cling reasonable attorney's fees, incurred by Cite in SrXc;(-,1ssfUIly enforcilg Such obli.gatiori, all to be t`rxect as costs onri .inc;luded in any judgment rendered. In wjtrrrtiss. whe.roof thi,ee (3) ic<errfi.icjI counterp&r-LS of this instrurnent, each of which shali for all purposes be deemed am Original thereof, heave been duly oecuted by the prinoipaI And surety herein named ed on the 1st. ._ W___. day of� December _ 2'0� 09_- 'he; arae and corporate seal of each corporate party being hareto affixed and fhe se presents duly signed by iii, t♦rnder 7igne cf representatives ports ant to authority of its governing body. Marr Sauer Consfrucfi ,Inc �1f ' FIAL Developers Surety and Indemnity Company ----------- SURETY .. C z.Z Pamela McCarthy,Aftorney-in-1'act Ai''Pl"tOVED Ada TOE ORM ----_. _.,..---------..............,--- City Attorney LM2 CALIFORNIA ALL-PURPOSE ACKP VLEDGEMENT Mew State of California ` /) SS. County of San Bernardino On December 1 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer(e.g,".lane Doe,Notary Public") Personally appeared Pamela McCarthy Name(s)of Signer(s) G who proved to me on the basis of satisfactory evidence CYNTHIA J.YOUNG to be the person whose name is subscribed to the COMM.# 1806614 within instrument and acknowledged to me that she " NOTAW PuSrac_CAUFORNIA executed the same in her authorized capacity, SAN i INNo COUemand that by her signature on the instrument the o.. My Comm.EVWwJuly 15,2012 person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 17 WITNESS my hand and official seal. 61 Sig at re of Nota blit OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer : r Title 7TOP,❑ Partner -- ❑ Limited ❑ Generalofthumb here ❑ Attorney-in-Fact ❑ Trustee 71 Guardian or Conservator Other: Signer is Representing: POWER Or ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 35725,IRVINE,CA 92623 (949)263-3300 KNOW ALL.MEN BY THESE PRESE=NTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby rnake,constitute and appoint: ***Jay P. Freeman,Pa ela McCarthy, Susan C. Monteon, Frances Leder, jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by author'tly of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st:2008. RESOLVED that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers rnay be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsinlde signatures shall tie valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNE=SS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. w ,, yEY +s.y. d�Nt3 y «F ?Af14 p� Stephen T.Pate;Senior Vice President G3R ., ��P0 �� , OCT: UOT, ,ws R;56Z7� � Charles E. Day.Assistant Secretary ;y'"•. ' 'g4jp iF'Nv State of California Coanty of Orange On Jar4uary 1st,2008—_before me. ...::.. _..��_. _u.-..m_. Chtistopjfe Read,No Public _ Bate Here Insert Name and'i of the Officer personally appeared_.___..__ _ ....... .. .... .__.m......... _ _. _.._._.__ .Sthen T.Pate and Charles L Day _ ......._.... _ ........ .. _,.. Name(s)of Signer(sj who proved to me on the bass of satisfactory evidence to be the persons}whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same 41 his/her/their authorized capacity(ies),and that by his/her/their signatures)On the instrument the person(s),or the entity upon behalf of which the persons}acted,executed the instrument. COM#1745% NOTARY PUBUC ORANGE GAUFORMA I certify under PENALTY OF PERJURY under the laws of the State of Cal fornia that the foregoing paragraph is OUNTY true and correct. W siomm ffioms May 19,2DII WITNESS my hand and official sea[. Place Notary Sea!Above Signature ........... Chr= er J Roach CERTIFICATE The undersigned,as Assistant Secretary..of DEVELOPERS SURETY AND INDEMNIFY COMPANY and INDEMNITY CQMPANY OF CALIFORNIA,does hereby certify that the foregoing Power ofRttorney remains in full force and has not been(evoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are Irr force as of the date of this Certificate, This Certificate Is executed in the City of Irvine California,ther day of �p Albertfiileerand ASSIII ii ecretary I D-1380(Wet)(Rev-07107) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On before me, J 1c) inner f name and title ofthqq leer) personally appeared cu w_"i who proved to me on the basis of satisfactory evidence to be the persor�(g)whose namg,,Qare subscribed to the within instrument and acknowledged to me tha�?she/they executed the same iro-i'/her/their authorized capacity(je-8 and that by�her/their signature(syon the instrument the persoq(4 or the entity upon behalf of which the person(sj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1. DURHM 0 COMM. #1844383 X. Notary Public -California 01D WITNESS my hand and official seal. Z Riverside County my Com.E�m JZ 2D13 (Notary Seal) -7 Sig re of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTION'S FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain -verbiage exactly as DECRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if. a document is to be recorded outside of California.in such instances,any alternative ,kiwivIedgment verbiage as may be prinled on such a document so long as the 1A (Title or description of attacVe'dc, t) verbiage does not require the notary to da something that is illegal for-a notary in Ec' California (i.e. certifying the authori::ed capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. (Title or description o. fta)hed document continue V 0 9 •* State and County information must be the State and County where the document D Number of Pages Document.Date signer(s)personally appeared before the notary pub]is for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signcf(s)who Personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER e Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Elheishe/4iey—is/are)or circling the correct forms.Failure to correctly indicate ibis ,�ndividual(s) information may lead to rejection of document recording. Corate Offlicer - The notary seal impression most be clear and photographically reproducible. Pvc�1(1,fflf_� Impression must not cover text or lines. If seal impression smudges,re-seal if a ("fide) sufficient area pen-nits,otherwise complete a different acknowledgment form. • Partner(s) 9 Signature of the notary public must match the signature on file with the office of the county clerk, • Attorney-in-Fact Additional information is not required but could help to ensure this El Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document,number of pages and date. Indicate the capacity clairried by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Sccrctary). L • Securely attach this document to the signed document 2008 Version CAPA 02.10.07800-873-9865 www.NutaryClasses.com Executed in.Triplicate Bond#789178P Premium. 3,629.00 MR F O Ri ANC B N.D Premium is for contract cerin and is subject to adjustmeut based on final contract price KNOW ALL MEN 1:3YTHESE 1::'RESSEWTS; that,.Mark Saner Const riietion,Inc. ._...._. ---- _ as Principal (hereinafter called Tontract.O.r") and Developers Surety and Indemnity Com aa -......... ......._- .- -- - �-. _.- _----� -- 5u1'ety (herein afer called "Sureiy'l are lield and Vii€ nay iso€:€nd unto the City of Sari Juan C:ap[strario, as obligee (hereinafter called "City"), in the amoUritcif one Hundred Sixty-Eight Thousand dour Hundred and No/100 Dolfars ($.168,400.00 — - -}for payn1ent whe€-e of Contractor and Surety bind'thernseives, their heirs, em outo-s, successors and assigns, jointly and sevet-al1y, f6irly by these pr�s�nt�: X11.-1E:MEN,>, Gont€'act r has, by written agreement crated----------- ...... entered into a (describe Montanez Adobe Restoration and Seismic Retrofit Project _ . which confraet is, by reference, r-tade a part (ic.reof. NOW, TI-IERC::FORE, tha condition of this obligatiort is Such that, if Contractor shall promptly and faithfully perform said agmernerit; then this obligation shall be nuii and void; other vise it shall remain ir! full force ,and e4fect. Surety waives who level- legal right it mny have to require; that a demand be made first against the Contractor in the event of d-efa tilt. i3 IT Fl1RT:HLf--R RESOLVED. that., 1. As a part oaf the oblig-alion secured hereby, and iri addition to the face arnClu.nt specified, there shall be included costs and reLisonable expenses and fees, i'€clttding reasor cable atternei y`s fees, incurred by City in SUCCessfully ellf-arcing such Obligation, all to be, taxed as costs and ir-ICIU fed in any Judgment rendered. PB`I '?. 'ajd Surety, for value r received, h aby stij�Watf-s and agrees that no change, exteMSiOlr Of time., aitfr3tiori, or n')odificaflon of the conti'i:d documents,Or of the work to be, } r ar rrrru�i the-1.0 Under, shall in any way affect its obligatians or this, bond, and it dons hcareby waive notice of arty such change, extension oftlmO, alto-fation or modification otfire ccrrtr-a(,,.t clocurn nts or of wod< to kir~ perturniod there under. Exea tod this, -lst-- d-ay of December 2€ Q ; at ....... Sin Bernardino ---- .... - ...- _.. ........... Ii\1'C;I#;'AL Marl ane onstruct.ion,Inc. NOTAF,'JZA'F 1ON AND."SEAL) ............... W_ --------•- ---- City Attorney SURETY Developers Surety and Indemnity Company � ��� ��� Pameb McC u•thy,Attotnev-in-Fact B (NOTAf IZA.TION AND SEAL) t i:7 B 2 CALIFORNIA ALL-PURPOSE AM VLEDGEMENT State of California \ /) ss. County of San Bernardino On December 1 2009 before me, Cynthia J. Young, NotarV Public Name and Title of officer(e.g.,"Jane Doe,Notary Public") Personally appeared Pamela McCarthy Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the CYNTHIIAJ. YOUNG within instrument and acknowledged to me that she COMM.# 1800614 executed the same in her authorized capacity, Z ..... NOTARY PUBLIC-CALIFORNIA and that by her Signature On the instrument the NTY My Comm.Expires ,My� � y , capJt�iy'15,201� person, or the entity upon behalf of which the person ' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig tore of NottPV6 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: R Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title Im 0 Partner -- 0 Limited 0 General Top of thumb 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PC Box 19723,IRVINE,CA 32623(949)2$3-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety ship giving and granting unto said Attorneys)-in-Fact fuii power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)--in-Fact,pursuant to these presents, are hereby{atified and confirmed_ This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPER'S SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED.that the cha€rman of the Board,the President and any Vice President of the corporation be,and that each of them hereby Is,authorized to execute Ponders of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice president and attested by their respective Assistant Secretary this January 1 st,2008. BY dafd0 PANYO Stephen T Pate,Senior Vice Presiders ���4 e� aka =,, G P�]�� , co,^'� a"•..�;n � ,sem T, CBCT � cti_ 5 BY � #9 IM Charles L.Day.Assistant Secretary - - 6 State of California County of Orange on mm-- January 1st,2008 before me, _ _ Christopher J.Roach,Notary Public—— -- — Date Here Inse€t Name and Title of the Officer personally appeared. _.._....... ._ ,----._--_ —...__—.._._ Stephen T;Pate and Charles L Cay Names)of Signers) — — — who proved to me oo the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that hefshelthey executed the same in hisfherltheir authorized capacity(iesj,and that by hislherftheir signatures)on the instrument the person(s),or the entity upon behalf of CH� TOPHE J.ROACH which the person(s)acted,executed the instrument. comm.# 1 M939 NOTARY P08M CAUFORNIA� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY r" true and correct. My comm,oxpim May 19,2011 Y 1. Place Notary SeaiAbcva Signature SS m hand and��cffic�ta!s• '��T _'=•"' �-- -_�.____.._�_.,. ___._ T Chraff rJ_Roach CERTIFICATE: The undersigned,as Assistant Secretary.of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attof ney.are in force as of the date of this Ce.ifrcate. This Certificate is executed In the City of Irvine,California.the / day of . . � d 3y - ........ ... ... Aibed Hillebrand,Assistant eeretary ID-f 380(Wel)(Rev,07!07) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ktyl ' y(1, , On At alt—ii—Yr A–YA be fo re m e, are (Here insert name and title of the ffice personally appeared ffl(k-rk -A who proved to me on the basis of satisfactory evidence to be the person(s)whose name, are subscribed to the within instrument and agknowledged to me thaV16d'Phe/they executed the same in. 6 er/their authorized capacity(Jes,T,and that by6t er/their signaturefol oe instrument the person-W, or the entity upon behalf of which the personVacted, executed the instrument. I certify under PENALTY OF PFRJURY under the laws of the State of California that the foregoing paragraph is true and correct. – COMM. 01844383 z 0 W Notary Puft-cahtolnia a Z WITNESS my hand and official seal. -Cwm Etft 1Z 2013 (Notary Seal) ure of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cal forma must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The onty exception is if a document is to be recorded outside of California.in such instances,any alternative acknowledgment verbiage as may be printed on such a document so long as the e or des t' f attached document) 31p,ion o verbiage does not require the notayy to do something that is illegal for a notary in California (ie. certifying the authorized capacity of the signer)- Please check the (Title or description of attache rit ntinu - form if required, t ce qd j document carefully notarial wording and attach this State and County information must be the State and County where the document Number of Pages Docu'Ment Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date,that the signer(s)personally appeared which trust also be(lie same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a contra and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.. CAPACITY CLAIMED BY THE SIGNER @ Indicate the correct singular or plural forms by crossing off incorrect fom)s(i.e. is or circling the correct forms.Failure to correctly indicate this 0 4r)dividual(s) information may lead to rejection of document recording. Cor ate of-ficer 0 The notary seal impression roust be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a TAI -nits,other-wise complete a different acknowledgment form. (Title) sufficient area pert ED Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. 1:1 Attomey-in-Fact Additional information is not required but could help to ensure this 1-1 acknowledgment is not misused or attached to different document. Trustee(s) Indicate title or type of attached document,number of pages and date. El Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.c-CEO,CFO,Secretary). LL------- • Securely attach this document to the signed document ....... ............ 200SVersion CAPAY]2.10.07800-973-9865 WWWLNotaryClasses.corn Executed in Triplicate Bond#789178P in Peri'om an.ce Bona LABOR.AND MATERIAL BOND Know all me€7 by these presents; Thatwherens, the City of,San .Juan Capistrano, a municipal corporation of Orange County, California, has awarded to, Martz Sauer Construction,Inc.. License No, hereilraftor w rleyignated.. as - I'rin6pa;l„ ._ - a €contract. ., .n.�. for I1I�1�71t .t�ez Act© �Q �ltinn and Sc'i.cmlt,dell t� a_ C �.Cst.µ.. ., .,... WHERFAS, :said F'rinci€gal is regUired to furnish a bond in connection With t€iE said contract providing that if said €='ri$ndpa€, its sub-contr:actor'si.shall fail to pay for any materials, provisions, provender or othcir supplies or teams used in, upon; for or abbUt the perforrliance of the: work contracted to he done, or for any work or labor done thereon of any kind,, the strr-e:ty or this land will pay the same. Now, therefore:, we :_Mark Safer��s���i4�a,.�►c__ � -- _,,....: . .._,_..�_, i-:'1lrrci.p�al, ancJ �De�elol�ersSuarety �nd_In€Iernnity,Cc►mll�n�'_ _—� gas surety, Are held firmly bound untothe City o s>>an juin Cralaistr'ano, a I-nunielpa€ cor onation, in fire pe#jai st€M Of One II------ E1 Sixtv�E l t Tliausancl_ ou HunSlr tl:_� d: Q/_1jo()OLLARS ($j� =Lo fir►_ ..--_--�, javvful money of the United States €f America, for payrnerai s.�f Mfr€air;l� : urn weil and truly to be made we bind ourselves, our heirs, exc-:c utors, adt-ninistr-,itors and suc cessprs, jointly and severally, firmly by these presents. The condition of this obfl ation is -such that, if said Priticipal, his/her or :its hc,irs, axecutors, administrator`s, Sj,lcce:ss0rs or ar sigrjs, orsub-coritraeto.rs; shall fail to pay for any materials, provisions, provender, or: te�inls, or othor supplies or' equipmemt uSCId if , r_.cpGrr, for or about the performance of the, work contracted to be done, or for any work or labor done thereon of any kinds or for amounts due under the Unemployrnent Insurance: Act witil respect to such work car labor as required by the provisions of `pith 1 , Division 5, Chripter 3 of the Governi-neat Facie of California as amended, that the surety will pay for the sarne, in an anrount not exceeding the sur n sperif c:r:€ ire this ,Isat�d algid also ire case sr.r t is brought upon the bond, za reasnriable attorneys fee to be fix(- rJ ,hy the cr�url, This bond shall inure to the, benefit of any and I persons, co!t panics and c�.orporat.ions Entitled to 'file cl.airns under said act, so a 7 to give, a right of action to them orttrelt° �r.�.sir�i�.s ire any suit brought upon this bond, Rjrther� the: said surety, for value received, hereby Stipulates ates z:,�.nd agrees thLat no change, extension of tirrre, alteration or modification of the cotiti act c ocurnents or of the; Work to be performed th ru iri-ider shall in any way affect it's obligation cin this bond and it clues hereby waive notice; of arry such change, extension of tie-re, alteration at, modification of the contract documents or of .�,vork to be perfonne'd there Under. I..fvt Ari a part of fl're obligati n sBcured hereby, and 1-1 addition to the face at-no . nt specified therefore, there shall be Included casts and r-easonable expenses and it es, including reasun able attorney's fees, incurred by City iri sLjoc;essfLilly enforcing such obligatio-n, all to he: taxed Lis cncsts and included in any judgment.render'ed. En wifi-cess wher(?o.t three (3) identical coUrI1e'rPits Of this iP)Sta-urneht, oach of which shell for all purposes s tae deemed an ©ric)ir181 thereof, have been duly executed by the Pr-ocipal and SUre�ty her oiri named on the trt ----.�_ _ day of December 2Q-09 --- The name and: corporate seal of each corporate party t�eirag laereta affixed and these presents duly surfed by its. uI1de signed representatives PL€rSM—It to authority of its governing body. Mark Sauer Construction., [ c,..._.- R INCIP L. By: Developers Surety and Indemnity Company _.-...--------- SU tiENTY BY: _ •. Pamela McCarthy,Attorney-in-Fact AP1'ROVE D AS TO FORM _-......._..._......._- —..-....._,s...---............. . City Attorney L Nil CALIFORNIA ALL-PURPOSE ACKIN VLI DGEM NT State of California ` /) ss. County of San Bernardino On December 1 2009 before me, Cynthia J. Young, Notary Public Name and Title of officer(e.g„"Jane Doe,Notary Public") Personally appeared Pamela McCarthy Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence CYNTHIA J. YOUNG to be the person whose name is subscribed to the �- •` ` COMM.# 1806614 within instrument and acknowledged to me that she NOTARY PlJSUC-QAUFORNIA9 executed the same in her authorized capacity, SAN BUMARDINO MUM � and that by her signature on the instrument the My Gomm.Expires July 95, z person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig at re of Notar rp blic s� OPTIONAL �a Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 9 Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual 7-3 Corporate Officer Title *I IMMU LM O Partner -- ® Limited O General Top ofth7here ® Attorney-in-Fact • Trustee • Guardian or Conservator Other: Signer is Representing: POKIER Of ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 18725.IRVINE,CA 92623 (948)263-3300 KNOWALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint! ***Jay P. Freeman,Pamela McCarthy, Susan C, Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attormey(s)•in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-In-Fact,pursuant to these presents, are heroby ratified and conf rrned. This Power of Attorney is granted and is signed by facslmIle under and by authority of the followimg resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND tNDF:MNITY COMPANY and 1NDE MNi d'Y COMPANY OF CALIFORNIA,effective as of January 1st,2008 RESOLVED,that the chairman of the Board,the President and any trice President of the corporation be.and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorneys)named in the Powers of Attorney to execute,on behalf of the corporations,bands,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporatloris be,and each of them hereby is,auftrized to atiest the execution of any such Power of Attorney, RE20I.VED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF,DEVELOPERS SURETY AND€NDEMNETY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st,2008. By: ANAPRIVY� Stephen Pate,Senior Vice President :Err:• ,..4: _ QCT. OCT 5 1D 5 n By - .., --- - =o t 9 3 6 ra= 7 C� Charles L Day.Assistant Secretary State of California ,,•°tp>, rF County of Orange on _Ja�any 1st2008 ___.... .__before me:---- Christopher,;.Roach,Notary Public Date Here Insert Name and Title of the Officer personally appeared _ -- Stephen T Pate and Charles L.Day _.. Name(s)of&gner(s) .......................__._.....W_.__....__._-- — who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his)herltheir authorized eapacity(ies),and that by hisfherltheir signature(s)on the instrument the person(s),or the entity upon behalf of R ISTOPHER J. which the person(s)acted,executed the Instrument. GOMM,#1748W9 :k NOTARY PUSUC CAUFORNIAI certify under PENALTY OF PERJURY under the!aws of the State of California that the foregoing paragraph is OAANGE COUNTY true and correct. f `cmirn:des MW 19,2011 'NITNESS my hand and official seat, Place Notary Seal Above Signature Chr� er J�Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND NDE MIN ITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full farce and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corpo atio set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate s executed io the City of Irvine,California,the day of Albert hi:iebrand Assistant ecrotaiy ID-'380(Wet)(Rev.07107) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California . County of K .V WS ._ Ol'� dC:.f �oonbefore me, - > (Here insert Mame and title of the OfficeLlt)�__ ,r personally appeared � , ...� .� '� _. who proved to me on the basis of satisfactory evidence to be the perso�09)whose naln . Is.Are subscribed to the within instrument and , knowledged to me thaelshelthey executed the same ieuh.erltheir authorized capacityi0;and that byiIller/the'sr signafiuresOri tie instrument the person } or the entity upon behalf of which the person(s_�Iacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 3.131/I�H�N! COMM, 01844383 x Rotary Public California a WITNESS rn�hand and official seal. Riverside County y Cm.E� 'in 12,2013 (Notary Seal) Slg91I�t c Of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING TRIS FORM Any acknowledgment completed in California must contain verbiage exactly as DE$ 'C_R.IP"TION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be 1 properly completed and attached to that document_ The only exception is if a / ta_Lwl &d" document is to be recorded outside of California.In such instances, ally alternative Atle or descr ption o atlaclaed dumet. ) acknowledgment verbiage as may he printed on such a document so long as the or verbiage does not require the notary to do something that is illegal for a notary in C'alrfornia (i.e. certibing the authorized capacity,of the signer)_ Please check the ('Title or descriptiota of attach document conn ed) document carefully for proper notarial wording and attach this form if required. J r ' • State and County information must be the state and County where the document NUinher of Pages DpCunlOnt Date €L+"e` signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) helshcl ey is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. Cor o Ate Of icer • The notary seat impression must be clear and photographically reproducible. P Impression must not cover text or lines. If seat impression smudges,re-seal if a (Tine)— sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-In-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ OtherIndicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate.officer,indicate the title(Le.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 A w.NotaryClasses.com ARK SAUER CONSTRUCTION, INC. General Contractor Lic. #F 372 Corporate Office 19712 Temescal Canyon Road CORONA, CALIFORNIA 92881-5656 3013 NO. (951) 279-4245 Fax (951) 279-5917 ATrFrIT' TOOf WE ARE SENDING YOU ❑ Attached D Under separate cover via the following items: Shop drawings ❑ Prints ❑ Plans ❑ Samples L1 Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATL NO, DFFSCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution iJ As requested E] Returned for corrections ❑ Return corrected prints 11 For review and comment I] Ll FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: '� �°w �t.. If enolasures are not as noted,kindly notif s at once. Christy ,JAI From: Christy Jakl Sent: Tuesday, December 01, 2009 10:26 AM To: Teri Delcamp Subject: Mark Sauer Construction Hi Teri, I have the construction contract for Mark Sauer Construction. Prior to mailing out the contract our office still needs to receive the Performance Bond, Labor and Material Bore as well as e-verify. I have received their insurance. Work should not be performed until these bonds are received. Please let me know if you have any questions. Thanks! Christ-� �akl Administrative Specialist, City Clerk's office City of San .Tuan Capistrano 32400 Paseo Adelanto San .Tuan Capistrano, CA 92675 (949) 443-5310 l (949) 493-1053 fax 1 Today's Date:— 11/10/2009 Transmittal Routing (Check All That Apply) ® City Attorney ❑ City Manager City Clerk CONTRACT TRANSMITTAL CIP No. (if any): 07406 Montanez Adobe Project Manager's Last Name: Delcarnp Phone Extension: 6330 Council or CRA Meeting Date (if applicable): 1117109 APPROVING AUTHORITY: (Check One) ..,Mayor ;CRA Chair ;City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded— only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Narne(s) Street City St Zi I OTHER INSTRUCTIONS. Please sign and forward to the next applicable department. Thank you. Form Date:01-2004 D - 7 MEMORANDUM TO: Maria Morris, City Clerk FROM: Teri Delcamp, Historic Preservation Manager T DATE: December 4, 2009 SUBJECT: Notice to Proceed for Montanez Adobe Restoration and Seismic Retrofit Project, CIP No. 07406 The following information is provided for the Notice to Proceed on the above referenced project: Name of Contractor: Mark Sauer Construction, Inc. Address of Contractor: 19712 Temescal Canyon Rd., Corona, CA 92881 Begin work on: December 8, 2009 Complete in 150 calendar days. Completion date is: May 7, 2010 Amount of Contract $168,400.00 Liquidated damages are $2501day 32400 F ASFQ AOELANTO r MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92575 i% L (849)493-1171 v SAM ALLEVATO y P€18PORRIIC LAURA FREESE (949)493-1053 FAX ES7A5€€sNfo i THOMAS W.HRMAR bL'ty'vv sail ivancapisll"ana o g 1776 MARK NIELSEN ® W DR.LONDRES USO TR^NSN/11TTAL TO: Mark Sauer Construction, Inc .19712 Temescal Canyon Road Corona, CA 92881 DATE: December 4, 2009 FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443--6310 RE: Contract - Montahez Adobe Restoration and Seismic Retrofit Project, CIP No. 07406 Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement . If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Teri Delcamp, Historic Preservation Manager at (949) 443--6330. An original agreement is enclosed for your records. Cc: Teri Delcamp, Historic Preservation Manager San Juan Capistrano. Preserving the Past to enhance the Future Printed an 900%recycled paper 32400 PASEO ADELANT® f'', �' MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAAhALLEVATO (949)493-9971 tf� RE09PURWCEtl LAURA FREESE (949)493-1053 FAX ® [?R9EISNfRs THOMAS W.HRIBAR www. ail uarac'cil�istrai?o.oig 6776 MARK NIELSEN ® DR.LONDRES USO NOTICE TO PROCEED TO: Mark Sauer Construction, Inc 19712 Temescal Canyon Road Corona, CA 92881 Project: Montariez Adobe Restoration and Seismic Retrofit Project, CIP No. 07406 Amount of Contract: $168,400.00 You are hereby notified to commence work on the referenced contract December 8, 2009, and to fully complete all of the work of said contract within 150 consecutive calendar days thereafter. Your completion date is May 7, 2010. The contract provides for an assessment of the sum of $250.00 per day as liquidated damages for each consecutive calendar day after May 7, 2010 that the work remains incomplete. Dated this 4th day of December 2009. t � Maria Morris, CMC City Clerk ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged by this day of_V611 2009. By: Title: a date cc: Teri Delcamp, Historic Preservation Manager Scan Juan Ccapi.strano. Preserving the Past to Enhance the Future Printed on 100%recycled paper BID PROPOSAL For the: MONTANEZ ADOBE RESTORATION & SESMIC RETROFIT 31745 LOS RIOS STREET SAN JUAN CAPISTRANO, CALIFORNIA 01 From: _ k ___ --- =--------- _ Contractor, License No. & Classification To the Members of the City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he/she has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard S ecifications for Public Works Construction latest edition), including all supplements therefore, read the Instructions to Bidders, and is familiar with all bid requirements, and hereby proposes and agrees, if the bid 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 lump sum amounting to a total.of: gA A4 Words figures 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, apparatus, 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 of San Juan Capistrano 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 one hundred and fifty 150 calendar days. All bids are to be line item sum computed on the basis of the scope of Work, plans and specifications as indicated in this bid. In case of discrepancy between words and figures, the words shall prevail. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to 3 Bill Corporate1.9712 Ternescal Canyon Road Mark Sauer Construction,Inc. Corona,CA 92881-5656 Phone: (951)279-4245 °ax: (951)279-5917 icExecutive O e '(Website: wwwlmsauef.com3696 Park Hili Dr. Email: contact o znsauer.com Corona,CA 92881-8438 Small Business Cert. #0035176 Excellence since 1986! California License#50057213 Nevada License i#0068157 B City of San Juan Capistrano RE: Montanez Adobe Addendum #1 Lead based Faint Abatement Per the scope defined in Addendum #1., in the event Lead Based Paint Abatement is required. MSC will provide the work for: Three Thousand. Five Hundred and 00/XX $3,500.00 Sincerely, V Mark Saner President, MSC, Inc. 49 Dated:__ - ------ �__- _ e��'Of&&AA Bus less Address Dated:_- A4 f------ --- -Z/ Telephone Number Further, the undersigned bidder certifies that he/she has thoroughly checked the figures set forth in this bid, that they are correct to the best of his/h r knowledge and that they constitute his/her bid for the work called out herein. Dated:_ IZ) zz"'b S' nat e oft der Dated:_! fl � � -- --- - --- ------- - -------____ Telephone Number 5 California Jurat State of Califo nia S.S. County of Subscribed and sworn to (or affirmed) before me on this day of Month 20 by - _ _ ark and Name of S igner(1) provided to me on the basis Name of Signer(2) of satisfactory evidence to be the person(s) who appeared before me. J.DURHAM COMM. #1844383 z Notary Public•California o zRiverside County - M Com.Expires r.12,2013 Signature of Notary Public .i?i3ve area for£iCkli'f:al noi.ary sea; OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The certificate is attached to a document titled/for the purpose of Method of Signer Identification Proved to me on the basis of satisfactory evidence: WI-lo'rI(s)of identification ❑Credible witness(es) Notarial event is detailed in notary journal on: Page 2Entry# Notary contact: containing pages, and dated Other ❑ Additional Signer ❑ Signer(s)Thumbprints(s) OO 2009 Notary Learning Center-All Rights Reserved Order Online at www.NotaryLeamingCenter.com STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF PROPO AL. R Bidder's Name Company Name 2. - Business Address - 3. 4--�-----/--Z-7--0 q-:7 1 --------- Business Telephone Number 4. Each bidder shall have prior experience with major restoration, seismic retrofit and/or rehabilitation projects for local, state or federally designated historic buildings and historic adobe construction to the satisfaction of the City of Sart Juan Capistrano, and shall have acted as a prune contractor on at least three (3) such projects each (i.e.,three historic building and three traditional adobe projects) in the last four years conducted under the Secretary of the Interior's Standards for the Treatment of Historic Properties. Attach additional sheets if necessary Year Client/Owner Name & Location of Type of Veloric & Contract Historic Building/Adobe Amount 6 80 i ---------------- Signa ur - - Company 8 all Cor orate O tee Mark Sauer Construction, Inc. 1.971.2 Temescal Canyon Road Corona, CA 92481-5656 Phone: (951.)279-4245 Executive�Jf ceFax: (951)279-5917 Website: www,msauer.com 3696 Park Hill Dr. Email: c�snfact.a)r s uengom Corona, CA 92881-8138 Small Business Cert.#0035176 Excellence since 1986! California license#500572 B Nevada License#0068157B Qualifications Organization: 0 Mark Sauer Construction., Inc. o California Corporation# 1.775074 * Established in 1986, Incorporated December 28"' 1995 o MSC has been executing Historic Restoration for 23 years, all under the same company name. * MSC has a satellite office in Nevada located at; 8415 Fairway Chase, Reno,NV. 89523. License: Our California Lic. # is: 500572 B (general contractor)Expiration date 5/31/10 Our Nevada Lie. ## are: 0068157 B (general contractor)Expiration date 3/31/11 0072668 C-3 (carpentry) Expiration date 2/28111 MSC is licensed and legally qualified to work in all counties in the state of California and Nevada. MSC is an associate member of the Woodworking Institute, member of the California Preservation Foundation, and a Certified Small Business in the State of California(ref. # 00351.76) Experience: Project#1 Walker House MSC Job #2713 121 North San Dimas Ave. San Dimas, Ca. 91773 Owner: City of San Dimas Contact: Craig Hensley (909) 394-6253 chensley(j�ci.san-diz as.ca.us Architect: JAG Architects Deborah Teltscher (213) 620-0800 deborah(&ja architects.corn Engineer: Itoselund Engineering Co. Nels Roselund (626) 573-2441 njiaAeer sbc loo almet Date of Completion: January 2009 Project Value: $8,000,000.00 This project is a joint venture with T. B. Penick& Sons, Inc. San Diego, Ca. Project#2: Old Post Office Pavilion Renovation Phase I MSC Job#2724 230 South 5t' Street El Centro, Ca. 92243 Owner: City of El Centro Contact: Javier Villaverde (760) 336-8971 °v� °liaverd€ a'jci.el-centro.ca.us Architect: Design Build Scope by MSC from previous specification En ineer: N/A Date of Completion: May 2008 Project Value: $460,000.00 Project 0: San Timoteo School 1-louse MSC Job #2624 31985 San Temoteo Canyon Road Redlands, Ca. 92373 Owner: County of Riverside Regional Park & Open Space Dist. Contact: Steve Lech (951) 955-4318 slech rs,co.riverside.ca.us Architect: Heritage Architecture Carmen Pauli (619) 239-7888 carrnen &herita�itecture.com Engineer-, N/A Date of Completion: July 2007 Project Value: $305,000.00 =* 2008 California Preservation. Foundation Design Award (Small Projects) Project#4 Breed Street Shul MSC Job#2257 247 Breed Street Los Angeles, Ca. 90033 Owner: Breed Street Shul Inc. Jewish.Historic Society Contact: Robert Chattel (81.8) 788-7954 robertCa)c attel.us Architect: Chattel Architecture,Planning &Preservation, Inc. Robert Chattel (818) 7887954 robertnchattel.us Engineer Krakower& Associates Mike Krakower (626) 355-6088 mkcacese c�earthlink.net Date of Coln letion: July 2004 Project Value: $975,000.00 z7> 2005 Los Angeles Conservancy Design Award P_rojeet##5: Los Penasquitos Ranch MSC Job 42614 Wing"C" 12115 Black Mountain Road#A San Diego, Ca. 921.29 Owner: County of Sart Diego County Operations Center Contact: Enrique Cesena (858) 694-2489 engre,cescr�a sdcounty� �r Architect:___. .�� IS Architecture lone Stiegler (858) 456-8555 istiegler�i sarchitecture.ccs Engineer: Mel Green &Associates Mel Green (310) 792-9252 rg eenassoc earthlink.net Date of Completion- July ozxa letn tion: July 2006 Project Value: $220,000.00 => .All projects listed are on the State of California or National Historic Register. Phone: (951) 279-4.245 Corporate Offices: Fax: (951) 279-5917 19712 Temescal Cyn Rd. Corona, Ca. 92881-5656 e-mail: so—itautgMsa ermco _Executive Offices: 3696 Park Hill Dr. Web Site: Corona, Ca. 92881-8438 www.msaue-r.com Excellence Since 19861 California Lic. 4 500572 B Small Business-Cert. #0035.176 Nevada Lie. # 0064157 B NOn wil , �w p } F, s f Adobe Restoration Window Restoration \ c I( ti µ I ra w Design Build Ilistoric Restoration Historic Reconstruction IM, ission Statement Mark Sauer Construction, Inc. (MSC) is committed to excellence, performance, and accountability. Our goal is to execute the .most rigorous construction projects with a traditional craft trade vigilance and attention to detail. Registered s ri r® c Casa De La Guerra. Santa Barbara,California 1991 Orena Adobe. Santa Barbara,California. 1992. =, ,fit€nta Barbara Bldg.Dept.Special Case S'tu4y Yorba-Slaughter Adobe. County of San Bernardino,California. .1.992 Pacific Electric Substation#14. Santa Ana,California. 1993 Woman's Improvement Club of Corona. Corona,California. 1994 Rancho Sante Fe Irrigation Dist.Office. Rancho Santa Fe,California. 1994 Serrano Adobe. Lake Forest,California. 1995 Guajome Ranch. Vista,California. 1996 Barbara Greenwood Kindergarten Bungalow. Pomona,California. 1996 Rancho Los Cerritos. Long Beach,California. 1996 Rancho Los Alamitos.(Chimney Project):Long Beach,California. 1996 Strathearn Adobe. Simi.Valley,California. 1996 Reyes Adobe. (House Repairs)Agoura Hills,California. 1997 San Gabriel Mission. San Gabriel,California. 1997 1998 Calif'Preservation roundadon Design Award Virginia Robinson Gardens. Beverly Hills,Ca. 1999 Friendship Baptist Church.Pasadena,California. 2000 2000 Caalil Preservation Foundadon Design Award & 2000 L.A. Conservancy Preservation Award Phillips'Mansion. Pomona California 2001 Hillcrest Park. Fullerton California 2002 Leo Carrillo Ranch. Carlsbad,California. 2002 Sipes Adobe Farmhouse. San Diego,California 2003 =:�, 2005 Calif. Preservadon Foundation Design Award Reyes Adobe(Barn Project) Agoura Hills,California. 2004 Rancho Los Alamitos. (Foundation Project)Long Beach California 2004 Breed Street Shul. Los Angeles,California. 2004 =:> 2065 L.A. Conservancy Preservation Award Warner's Ranch. Warner Springs,California 2005 2009 California Preservation Foundation Design Award Los Penasquitos Ranch. San Diego,California 2006 Leo Carrillo Ranch BBQ. Carlsbad,California 2006 Rancho Los Cerritos. (Water Tower) Long Beach,California. 2007 San Timoteo Schoolhouse. Riverside County,California 2007 2008 Calif'Freservertion Foundation Desigix Award Walker House.San Dimas,California. 2009 Sikes Adobe Farmhouse Reconstruction. San Diego,California Current Com y I'ro e • Mark Sauer Construction,Inc. is a certified Small Business entity. • Licensed general contractor in California and Nevada. • fully insured and bondable. • Comprehensive Cal-OSHA Injury&Illness Prevention Program. Job Documentation • All job tracking and documentation support. Certified Payroll, Utilization and Daily reports, Construction Schedule reports. • All required project submittals, product specifications and data,shop drawings and As-Built drawings. • Progress digital photos and record copies at job close out. .Dene ce Mark Sauer Construction,Inc.was established in 1986 • MSC has worked under the Secretary of the Interior Standards for Historic Preservation. for 23 years. • Worked executed under OSHPD(Office of Statewide Health Planning and Development)for 9 years on our medical facility projects. • MSC has been the approved"Conservator"on Historic Restoration projects. 32.400 PASEO ADELANTO MEMBERS OF THE GtTYCOUNGII SAN JUAN CAPISTRANO,CA 9.2675 (949)493-1171 � � � � SAM ALLEVATO (949)49 i Ift(tR1oHB1F9 LAURA FREESE 3.1053 FAX (STttIFSNEt THOMAS YJ.Hl216AR 1776 MARK NIELSEN * DR.IONCSREs use r • September 23, 2009 ADDENDUM NO. 1 MONTANEZ ADOBE RESTORATION AND SEISMIC RETROFIT BID DATE AND TIME The bid opening date is hereby changed from 2:00 p.m. October 12, 2009 TO 3.00 p.m. October 22, 2009 BID DOCUMENTS The following changes to the bid documents are transmitted through this addendum. 1. The City has identified that approximately 213 of the bid instructions, specifications and project manual document purchased by plan holders were incorrectly copied and did not include all of the pages of the document. To ensure that all have the correct information, the City is issuing a complete set of the bid instructions, specifications and project manual document (attached). 2. The City has identified an add alternate item that shall be included in the bid for this project as follows: In follow-up to a question at the pre-bid meeting on September 22, 2009, the City has been unable to verify the presence of, or abatement of, lead-based paint on the painted wood elements (ceiling, jambs and lintels at 4 doors, and interior passageway trim and lintel) at the MonWez Adobe. Therefore, the City will perform a lead-based paint survey by certified personnel at the Montanez Adobe prior to commencement of construction. Contractors shall include an add alternate item for the abatement of lead-based paint at the ceiling, jambs and lintels at 4 doors, and interior passageway trim San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO iii MEMBERS OF THE Cr rY COUNCIL SAN,JUAN[CAPISTRANO,CA 92675 �%, � � SAM ALLEVATO (949)493-1171 inlnruaarFn LAURA FREESE (949)493-1053 FAX , FSTA11, 1M 19 1 THOMAS W.HRISAR wwwsanjuaneapistrano.org 1776 MARK NIELSEN s a DR.LONDRE3 USO i October 9, 2009 f ADDENDUM NO. 2 MONTANEZ ADOBE RESTORATION AND SEISMIC RETROFIT BID DOCUMENTS The following changes to the bid documents are transmitted through this addendum. STRUCTURAL PLANS: In response to Requests for Information, the City provides the following: I. Sheet S-6, regarding number and spacing of the new 4" x 4" x '/" steel column (Detail 1): Use three (3) equally spaced steel columns across the gable, which is approximately 48 inches on center. 2. Sheet S-6, regarding the number and spacing of the new 1/" thick bent plate bracket: The new bracket spacing is shown in Detail 4A (within detail 4), calling for a bracket at each rafter. The intent is to hang the existing tube beam frequently so there is not excessive load on any one rafter. PROJECT MANUAL: In response to Requests for Information, the City provides the following: 3. Division 01, Section 01 50 00, "Temporary facilities and controls,' Section 2 Products, items: a. #2 A-1 'Nater is required for the project. City to provide water source and water at no cost to contractor per page SP5, Section 4 of City Special Provisions. b. #2 A-3 Delete b. & c. San Juan Capistrano: Preserving the Past to Enhance the Future �� Printed on 100%recycled paper i J Montariez Adobe Restoration and Seismic Retrofit, Addendum No. 2 Page 2 c. #2 A-4 Telephone, fax and internet. Adequate communication is necessary for this project. Contractor to determine needs based on his/her operational level of technology. Internet access may be provided by wireless laptop or cell phone or similar. i d. #2 B Field Office. Not required for the project unless contractor requires based on his/her operational needs. Space is available in staging area if contractor deems necessary. The above stated level of communication shall be maintained with or without field office (i.e., wireless laptop or cell phone or similar to receive/transmit email communications and access to fax machine as necessary to ensure timely communications.) e. #2 F-1 Required. f. #2 G Required. Draihage and water quality requirements are further specified on Sheet Ad-01 of plans-- NPDES BMPs. 4. Division 07, Section 07 3129, `Wood Shakes," Section 2 Products, item. a. #2 A-4 Delete. Redwood shakes are required per plans. No wood preservative treatment/fire retardant treatment is required of the wood shakes. A signed copy of this acid dum shall accompany the bid. Cont actor Teri Delcamp Historic Preservation Manager 32400 PAS50 ADa ANTO lj MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 ALt.EVATA (949)495-1171 �i LAU LAu[t (949)493-1053 FAX « F tn[aeroar[o A r REI�SE 3 FAX [sr eus rIo 1951 THOMAS W.HRMAR WWW.sanjuancapz'straF2aorgI f 76 MARK NIEISEN s DR.LANDRES USC October 15, 2009 ADDENDUM No. 3 MONTANEZ ADOBE RESTORATION AND SEISMIC RETROFIT BID DOCUMENTS E The following changes to the bid documents are transmitted through this addendum. E ARCHITECTURAL PLANS: In response to Requests for Information, the City provides the following: 1. Regarding general questions on redwood shakes in plans and Division 07, Section 07 31 29: Contractor to locate manufacturer of redwood shakes. Contractor to field verify dimensions of existing shakes. These shakes appear to e about 36" x 6" x 112". Contractor shall study the existing roof layout and reproduce with the new roofing. Ridge shakes shall match the existing. If upon i field verification the ridge shakes are field shakes, then field shakes shall be ? used. No additional detail(s) will be provided. 3 PROJECT MANUAL: In. response to Requests for Information, the City provides the following: F 2. Modify Division 07, Section 07 31 29, paragraph 1.C.3: The roof products shall have a 10 year warranty. 3. Modify Division 07, Section 07 31 29, paragraph 2.A.2.b: The cap sheet shall be GAF Glass product per the drawings. 4. Delete Division 07, Section 07 31 29, paragraph 2.A.2.c. Polyethylene coated steel foil will not be required as an underlayment. 5. Per Addendum #2 previously issued October 9, 2009, delete Division 07, Section 07 3129, paragra h 2.A.4: The wood shakes shall not be fire treated. A signed copy f i addendum shall accompany the laid, 1 Contra Teri Delcamp Historic Preservation Manager San Juan Capistrano: Preserving the Past to.Enhance the Future q0 Printed on 100%' recycled paper BID BOND Know all rnea1 by these presents, that we, Mark.Sauer_Construction Inc. ..... ......,. .z. -------- ------- -_--.-.-_.w_---------------- as PRI'NCEPAL, and Developers Surety and _Indemnity Company! _ -___-_-_as S�Jf�l�TY, hereinafter called Surety, are held and iii-nily bound unto the CITE' OF SAN JUAN t. APIS"MANO, Obligee, hereinafter called City, in the sura of $ 10% of amount bid for payment wherec)f F"rincipal and Surety bind themselves, their heirs, executors, administrators, successors, ancf assigns, jointly grid severally, €'ably by these presents The condition of this obligation is such that whereas the Principal has:su'bmi f.ed the accornpanyTrng bid elated October 22nd, 2009- dor the construction of: Montanez Adobe Restoration and Seismic Retrofit _ -- - r ___------__----_--- __--.....- for th.e City of Sara Juan Capistrano, Orange GOL.Iraty, California. Now, thoreforo, if the. PrincinM small neat withdraw seaid bid within sixty(60) days rafter the opening of sari a, Kind shall, within fifteen (15) days after the agreen-rent has been presented to him for caxecution, enter into a written contract with the City in accordance with thea told as ac oepted, and if the Principal shall give the required brand with good and suffiUient stAfeties, or sureties. for the; faiithfUl perfcrmance and proper- fuifillmont of saich contract and for the protection of laborers and materialmen, or in the event of the; withdrawal of said bid within the periods specified, or the failure to enter into said rconfract ancf give said bond within the tirne specified, if the Principal shaH within sixty (60) days after request by the City, pray tyre City<the difference between the arnount specified in said laid and the amount for which the City May procure the required d work and/or supplies if the latter ar-noun, be set of the forn-ier, th7,,:n the atone ,obligation shall be void and of no effect, otherwise to remain i,n full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount speCif'ied therefore, there shall be iradtided casts and reason able expenses and fees, including reasonable attorney's fees, incurred by City in successfully onfvrcing such obligation, all to be laxed as costs and in&tded in any judgment reordered, in`IVitrle s whereof, thc,above-Nurdumed artier have,eY,€cutedi thI instrument Ment under their several seals this 7th..............day of October 20 09 the name and corporate seal of each corporate. party being affixed hereto and these. present duly sinned .by its undersigner d i.epresentative perrsUarit to authority of its governing; body, 13131 1-woW�tne,: ses (If individt-lei) Mark Sauer Construction,--Inc._:. ..__--_.__�__ Principal Y M11455 2Y - 7t1 � _...-------........w ATTE 3,T (if Corporation) Gorpor8te Seal _Developers Surety and IndemnityCQ npany :'at,tJ'�iy w_ Pamela McCarthy Title: Attorney-in-Fact ---------------- itle: Approved as to form'. - ............ _ .,ity AttbrneY RB2 CALIFORNIA ALL-PURPOSE ACKP 'VLEDGEMENT State of California ss. County of San Bernardino On October 7 2009 before me, Cynthia J. Young Notary Public Name and Title of Officer(e.g.,"Jane Doe.Notary Public") Personally appeared Pamela McCarthy Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the CYNTHIA J. NG within instrument and acknowledged to me that she COMM,#78ON 14 executed the same in her authorized capacity, UC-CAUFORNIAZ and that by her signature on the instrument the SANS C person, or the entity upon behalf of which the person LZ�' Myasrtref•Exp A7dy 5,2012 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my band and official seal. f Signatu e f Notary P is — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title 7thumbhere 0 Partner -- 0 Limited 0 General Top 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOWALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Jay P, Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Adomey(s)-In-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and fs signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be.and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the a:tomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,-and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate retailing thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. e� a AN�'""`'•F H' By. -" a, ��t F�,n � PANY p w 4 Stephen T.Pate,Senior Vice President 4, p4R4r a.' OCT sw"r, 10 ryg OCT.a C7 By0'. 1 g 3 6 FSC] uy 1987 �. Charles L.Day,Assistant State of California County of Orange On JanueN 1st 2008 before me,_ Christopher J.Roach,Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T.Pate and Charles L.Day _ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to �M a the within instrument and acknowledged to me that helshelthey executed the same in histherltheir authorized capacity(ies),and that by hislherttheir signature(s)on the instrument the person(s),or the entity upon behalf of CHFUMPHER.f;Rog;H which the person(s)acted.executed the instrument, COMM,#1746 NOTARY'PU$UC CdA. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE OWNTY � true and correct. ley rata.9098 MV 19,2011 WITNESS my hand and offs ial seal. Place Notary Seal Above Signature Chr, er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in fulf force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the ; day of � � c C2,9 Albert Flillebrand,Assistant.ecratary I D-1380(Wet)(Rev07107) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of &I' 'A-110tobo On�(--- � before me, �y (Here insert name and titlof he officer) personally appeared jL J who proved to me on the basis of satisfactory evidence to be the personas whose name i are subscribed to the within instrument and agknowledged to me that Vshe/thcy nshe/they executed the same in i er/their authorized capacity , and that by 1/her/their signature on e instrument the perso , or t e"entity upon behalf of which the person acte , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *~ COMM. 01844383 z WITNESS Tey hand and official seal. � Ntbvy Public•Ceiiforitio 0 z Riverside CtJMY CWaae:E 'res 12,2013] {Notary Seal) Sign re ol°Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mutt contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be Properly completed and attached to that document. The only exception is if a acknowledgment verbiage does not er iage the may to loo ed on u thatdocument ent any alternative document is to be recorded outside o Calt ornia.In such instances, J ................... ctc! leag(i.e. ent verbiage as may be printed on a dogIll�ent so long as the (Title or deserzption o at died ocu vent) gal for a notary in California i e. certi in the authorized capacity o the si ner'. Please check the ('Title or descriptio f ttached document co��tyyin Je]d) document carefully for proper notarial wording and attach this form f required, Number of Pages _ Dc)cuinent Dated,t INN • State and County information must be the State and County where the document w- signer(s)personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signer(s)personally appeared which must also be the sane date the acknowledgment is completed. (Additional information) • The notary public must print his or her naive as it appears within his or her commission followed by a comma and then your title(notary public)- Print the name(s)of document signor(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Individual(S) ktelsheh�is lafe)or eirchng the correct forms.Failure to correctly indicate this information may lead to rejection of document recording, rporatefficerl • The notary seal impression must he clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partner(S) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ TruStee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i,e_CEO,CFO,Secretary)_ Securely attach this document to the signed document 2009 Version CAPA vl2,10.07 800-873-9865 www,NotaryClasses.com 11/1712009 AGENDA REPORT D6 TO: Joe Tait, Interim City Manager FROM: Steven A. Apple, AICP, Community Development Director SUBJECT: Consideration of Fund Transfers and Award of Contract for Montanez Adobe Restoration and Seismic Retrofit (Mark Sauer Construction Inc.)(CIP No. 07406) RECOMMENDATION: By motion: 1. Approve fund transfers from Account No. 50-00000-XXXXX-07401 within the Park and Recreation Fund in the amount of $37,141.82 and from Account No. 50-00000-XXXXX-07403 within the Park and Recreation Fund in the amount of $75,172.53 to Account No. 50-00000-XXXXX-07406 to ensure sufficient funding for the Montanez Adobe Restoration and Seismic Retrofit project (CIP No. 07406); and, 2. Award and authorize the Mayor to execute the contract for the Montanez Adobe Restoration and Seismic Retrofit project to the lowest responsible bidder, Mark Sauer Construction Inc., in the amount of$168,400.00 and reject all other bids. SITUATION: A. Summary and Recommendation: The public bid process included forwarding packets to trade journals for contractors to reference see attachment. Many bid packets were obtained .and over 20 persons attended the pre-bid. Bids were opened October 22, 2009, for the Montanez Adobe Restoration and Seismic Retrofit project. The bids are valid until December 21, 2009, a period of sixty (60) days from the opening date. Staff is recommending that the City Council award the contract to the lowest responsible bidder, Mark Sauer Construction Inc., in the amount of $168,400.00. In addition, staff is recommending that the City Council approve a transfer of funds from a completed CIP project and a future CIP project to provide the necessary funds for construction of this project (with no reliance on the General Fund). Agenda Report Page 2 November 17, 2009 B. Background: The Montanez Adobe is on the City's Inventory of Historic and Cultural Landmarks (INCL) and is listed in the National Register of Historic Places. The site is located at 31745 Los Rios Street, within the Los Rios Street National Register Historic District. There are only approximately 500 historic (pre-1900) adobes in the state of California. Due to the uniqueness of the structure and the fact that there are very few qualified experienced historic adobe contractors, the bid documents included a requirement for contractors to meet a threshold of experience in major historic building and historic adobe rehabilitation projects, The engineered cost estimate prepared for the project prior to the bid process was $116,3.50 (an additional recommended contingency of $17,500 was anticipated to be needed to construct the project). Staff also included an add- alternate item with the bid for lead-based paint abatement because the recent lead-based paint survey completed at the direction of staff shows the presence of lead in some of the painted wood surfaces of the Adobe. The project includes a small amount of ground-disturbing activity so an archaeological monitor and Native American observer are required to be present for this work. A separate contract with the archaeological firm with the most recent extensive experience on the project site, PCR Services Inc., will be executed by the City Manager. Due to the historic and unique character of the structure, staff will be retaining services of the historic preservation architect and structural engineer consultants who designed the project to act as extensions of staff to respond to requests for information and review and approve material submittals, etc., during construction. The contract for these services will also be executed by the City Manager. During construction, the Adobe and immediate approximate 20 feet will be closed. If the contract is awarded, the project is anticipated to commence just after the Annual Tree Lighting Event, take approximately 150 days, and be completed by the beginning of May 2010, when the Adobe will be re-opened and available for enjoyment in the busier summer months. Six bids were received for the project as follows [some including lead-based paint abatement (LBPA) in the total bid, others stating the LBPA as an additive amount): Caltec Construction, Inc. $89,000 Insley Construction, Inc. $98,500 Dalke & Sons Construction, Inc. $105,780 Courts Construction Company $119,792 Mark Sauer Construction, Inc. $164,900 (plus LBPA) Eagle Restorations Group, Inc. $218,748 Agenda Report Page 3 November 17, 2009 The following sub-contractors were listed with the bid from Mark Sauer Construction, Inc.: T&M Electric Pacific Single Ply L4Y A statement of experience was required to be submitted with every bid to ensure the contractor has a requisite minimum historic rehabilitation construction experience. The requirement for experience stated in the bid documents was as follows: ...prior experience with major restoration, seismic retrofit and/or rehabilitation projects for local, state or federally designated historic buildings and historic adobe construction to the satisfaction of the City of San Juan Capistrano, and shall have acted as a prime contractor on at least three (3) such projects each (i.e., three historic building and three traditional adobe projects) in the last four years... Based on the City's review of the required statements of experience provided with each of the bids, staff has determined that the lowest four bidders are not qualified. More specifically, none of the four lowest bidders demonstrated any major historic adobe rehabilitation experience and only one of the four demonstrated some minor historic adobe experience. The next lowest bidder that does meet the required historic rehabilitation experience is Mark Sauer Construction, Inc. The contractor's experience with historic buildings and historic adobes will ensure the project is completed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties within the time frame stipulated. Although staff is confident the bid is realistic, the provision of a 10% contingency is important for historic preservation projects because virtually every historic rehabilitation project results in some unanticipated circumstances related to construction methods or materials from the 200 year+ history of the building that are only discovered after construction is underway. Obviously, no original "as-built" drawings exist which is often the case with more recent construction. The project includes the following repair and rehabilitation improvements: • Removal of the previously installed but visually intrusive seismic frame steel columns. • Removal of the large wood beam suspended just under the ceiling in the north room, installed by a prior tenant. • Connection of a new roof diaphragm to steel beams hidden above the ceiling, then into the adobe walls to provide the necessary roof-to-wall connections. • New wood shingle roof to match existing historically appropriate roof. • Restoration of chamfered porch posts. Agenda Report Pace 4 November 17, 2009 • Re-connection of the dry utilities installed by the Los Rios Park project. • Restoration of the existing wood plank ceiling. • Re-creation of the hard-packed earthen floor in both rooms. • Removal of the large track lights and replacement with more sensitive lighting in the south room. • Adjust locations of electrical outlets and alarm panel to be less visually obtrusive. • Repair and apply lime plaster to the adobe walls. • Accommodate the period interpretation of the Adobe's north room and provide for archaeological and historical information displays in the south room. C. Justification for Request: The current seismic steel frame, roof and restoration were completed almost thirty years ago. The project is critical to replace the roof, provide a more compatible and more effective seismic retrofit, restore the earthen floor, and to restore the adobe plaster and painted wood surfaces which are beginning to deteriorate. The project will also provide re-connection to utilities affected by or installed with the Los Rios Park project. The Adobe dates from 1794 when 40 adobe homes were built by Native American Mission neophytes. The nationally significant structure is a rare example of a Mission construction-era historic adobe in its original location that serves as a museum room interpreted to the mid-1800s and for archaeological displays. It is important as a reminder of the community's Mission, Native American and mid-191h century heritage, and as a community resource. The City's adopted Historic Preservation Strategy supports the site's continued use for museum and educational purposes, and recommends its rehabilitation. Because the site is a National Register historic adobe the project reflects contemporary methodologies for seismic retrofit of historic adobes determined through years of study and research by experts in conjunction with the Getty Conservation Institute (GCI) program in the wake of the 1994 Northridge Earthquake (Getty Seismic Adobe Project, or GSAP). The abatement of the lead- based paint adds some additional costs to the project, as does the requirement to match materials like-for-like and construct the seismic improvements in a historically compatible manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. This is the first major historic adobe rehabilitation project in San Juan Capistrano in almost 30 years, capitalizing on the availability of qualified contractors who are now experienced with the methodologies created by the GCI's GSAP. All of these factors contribute to the increased cost of the project as reflected in the bid and, unfortunately, the downturn in the economy has not significantly affected construction bids from contracting firms experienced in historic adobes. Moreover, staff would be extremely uncomfortable recommending the lowering of Agenda Report Page 5 November 17 2009 the historic adobe experience requirements for work on a city, state and national historic resource. COMMISSIONIBOARD REVIEW RECOMMENDATIONS. NIA FINANCIAL CONSIDERATIONS: The approved FY 09-10 budget for this project in Account No. 50-00000-XXXXX-07406 has $112,679.65 available for construction after design and staff costs already incurred over the past year. The funding is being provided by the Park and Recreation fund. The combined bid, contingency, archaeological monitoring, preservation architecture and structural engineering support through construction and additional staff hours during construction exceed the available budget. Therefore, staff is requesting a transfer of the remaining funds available in Account No. 50-00000-XXXXX-07401 which is the completed Congdon House ADA Improvement CIP project (also funded by the Park and Recreation Fund). The amount of funds remaining is $37,141.82. In addition, the Blas Aguilar Adobe CIP project, which is scheduled to complete plans and specifications in Spring 2010, has $253,490.32 funds available and was anticipated to need an additional construction budget request in FY 10-11. Staff is recommending that $75,172.53 from the Blas Aguilar Adobe CIP project in Account No. 50-00000-XXXXX- 07403 be transferred to the Montanez Adobe CIP project at this time. As cost estimates are finalized for the Blas Aguilar Adobe CIP project to go out to bid in the spring, staff will determine if an additional funding request is necessary during the FY 10-11 budget process. The following shows the breakdown for the project and the fund transfer requests: Contract amount (including base bid and $3,500 LBPA add item): $ 168,400.00 10% Construction contingency: 16,840.00 Archaeological/Native American monitoring not-to-exceed (NTE): 6,455.00 Architectural/structural consultant NTE: 18,290.00 Temporary removal and storage of Adobe interior furnishings: 2,500.00 Utility (electrical and telephone) re-connections (allowance): 2,500.00 Staff time estimate during construction: + 10,000.00 Total projected cost: $224,985.00 Less remaining FY 09-10 budgeted amount: X112,679.65. Budget transfer request: $112,305.36 Agenda Report Page 6 November 17 2009 NOTIFICATION: The following parties received notification of this Council agenda item: Caltec Construction, Inc. Insley Construction, Inc. Dalke & Sons Construction, Inc. Courts Construction Company Mark Sauer Construction, Inc. Eagle Restorations Group, Inc. RECOMMENDATION: By motion: 1. Approve fund transfers from Account No. 50-00000-XXXXX-07401 within the Park and Recreation Fund in the amount of $37,141.82 and from Account No. 50-00000-XXXXX-07403 within the Park and Recreation Fund in the amount of $75,172.53 to Account No. 50-00000-XXXXX-07406 to ensure sufficient funding for the Montanez Adobe Restoration and Seismic Retrofit project (CIP No. 07406); and, 2. Award and authorize the Mayor to execute the contract for the Montanez Adobe Restoration and Seismic Retrofit project to the lowest responsible bidder, Mark Sauer Construction Inc., in the amount of $168,400.00 and reject all other bids. Respectfully submitted, Prepared by: 14 , � . Steven A. Apple, /�Xp Teri Delcamp Community Development Director. Historic Preservation Manager Attachment(s): 1. Location Map 2. Construction Contract 3. Construction Trade Journals List THE CITY OF i x SAN JUAN CAPISTRANO PROJECT LOCATION MAP P', f Iu Montariez Adobe y 31745 Los Rios Street 41 a� r. DEL $ ._..r ` ., � Q 3010 6000 9000 Feet ATTACHMENT 1 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and MARK SAUER CONSTRUCTION, INC., 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 Instructions to Bidders, the Proposal, the Non- Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction (latest edition), including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance 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 necessary to perform and complete in good and workmanlike manner the construction of the Montanez Adobe Restoration and Seismic Retrofit Project in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the City Clerk's office, 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. Base contract amount is estimated not to exceed a total of$168,400. FOURTH. COMMENCEMENT 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 impractible 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, Two Hundred Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing'payment of all labor and material used under this contract, as C1 ATTACHMENT 2 required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) 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. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of er diem wa es; as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San .Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. C2 The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of Insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar 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, Park Seven, Division 2, of the California Labor Code, except as permitted by law. NINTH. E-VERIFY. If CONTRACTOR is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, CONTRACTOR shall enroll in the E-Verify program within fifteen days of the effective date of this Contract to verify the employment authorization of new employees assigned to perform work hereunder. CONTRACTOR shall verify employment authorization within three days of hiring a new employee to perform work under this Contract. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/employerregistration. CONTRACTOR shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Contract. Failure to provide certification will result in withholding payment until full compliance is demonstrated. C3 IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: MAYOR BY: � Z CONT A OR ICENSE# & CLASSIFICATION ATTEST City Clerk APPROVED AS TO FORM: City Attorney � C4 THE FOLLOWING CONSTRUCTION TRADE JOURNALS MUST RECEIVE NOTICE OF ALL INFORMAL AND FORMAL CONSTRUCTION CONTRACTS BEING BID FOR WORK FOR CITIES LOCATED IN THE COUNTY OF ORANGE. Construction Bidboard, Inc 4420 Hotel Circle Ct., Ste 215 Associated General Contractors of America Sari Diego, CA 92108-3423 San Diego Chapter, Inc. Attn: Plan Room Attn: Evelyn Martinez (Mike Schafer is the contact, but asked 4355 Ruffin Rd., Ste 103 that we put it to attn: plan room) San Diego, CA 92123 Phone: (800) 479-5314 Phone: (858) 874-8560. FAX: (619) 688-0585 FAX: (858) 874-8569 planraom0ebidboard.com Email: chartier a@agcsd.org (Contact: Jessica/Pian Room McGraw-Hill Construction Dodge email: Jessica agcsd.org (858) 874-8560) 2150 Towne Center Place, Suite 100 Reed Construction Data Anaheim, CA 92806 ' Phone: C 634-42806Sherri Shuler, Public Sector Sr. Research FAX. (714) 634-4513 Or Attn: Document Processing Center (Contact Adrianna Cruz at(626) 932-6150) 30 Technology Pkwy South, Ste. 500 Norcross, GA 30092 Southern California Builders Association Phone: (800) 424-3996 (US Customer Service Attn: Cindy Redder answers for Reed) 7740 Painter Avenue, #205 FAX: (800) 302-8629 Whittier, CA 90602 email: docprocessing@reedbusiness.com Phone: (562) 320-3600 FAX: (562) 320-3603 Allison Gradall Email: scba@socalbuilders.ora Plan Room Clerk San Diego Daily Transcript BidAmerica 2131 Third Avenue Attn: Shannon Dayton San Diego, CA 92101 41085 Elm Street Phone: (619) 232-4381 ext. 2276 Murrieta, CA 92562 Fax: (619) 239-6625 Phone: (775) 473-8900 Fax: (775) 473-8889 Revised March 16, 2009 ATTACHMENT 3 ' . . 'ay '49400 P�A D LANT �� f COUMM. SAN.W&N CAMSTRANO,CA W2675 f��4%493-1171 f ire�e �r WA mao Mgm 17: 6 ansa NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, November 17, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of Fund Transfers and Award of Contract for Montanez Adobe Restoration and Seismic Retrofit (Mark Sauer Construction Inc.)(CIP No. 07406)" - Item No. D6. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, November 16, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Teri Delcamp, Historic Preservation Manager. You may contact that staff member at (949) 443-6330 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit clerk sanivanca istrano.or . Maria Morris Acting City Clerk cc: Caltec Construction, Inc; Insley Construction, Inc; Dalke & Sons Construction, Inc; Courts Construction Company; Mark Sauer Construction, Inc; Eagle Restorations Group, Inc. the &w m3 s nhancc' the `uno"o':, 11/1712009 D6 Caltec Corp. General Building and F,n inee ' r r 8732 Westminster blvd, Suite#2, Westminster, Ca, 92683 PH:714-717-1638 S A N iU A�1 Ci'i i , `` Fax: 714-894-7028 November 16, 2009 City Council members City of San Tuan Capistrano 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 949-443-630$ 949-493-1053 Fax Ref: Montanez Adobe Restoration and Seismic Retrofit; CIP No. 07406 Subject: Bid Protest Dear City Council Members, Caltec Corp. is in receipt of non dated and vogue City's flyer(Received in the afternoon of November 13,2009) regards consideration of fund transfer and intention.to award the above referenced project (Please see attachment Exhibit 41).The flyer does not indicates the intention of award of the above project to the fifth lowest bidder and provide us less than 24 hours to respond and bring any concern to the City's Council meeting. Further investigation through City's website and City council meeting agenda revealed your staff's shocking, unrealistic and favoritism decision to recommend to award the above project to fifth lowest bidder with twice amount of our bid and with additional $80,000 tax payer funds. ( Exhibit 42). Disqualification of submitted Caltec Corp.'s bid which was submitted in full compliance with City's solicitation , public contract Code and plan and specification as a low responsible bidder and intend to award the above project to the fifth lowest bidder (Mark Sauer Construction, Inc.) Is not only a clear violation of numerous sections of City's solicitation, Public contract Code, Business profession code and waste of tax payer money but also is a clear and direct insult to Caltec Corp. which will affect our future profession . We strongly protest the staff's decision and request to be re-evaluated. a California Public Contract Code section 100(d)purpose of the Code states, "...Further, it is intend of the Legislature in enacting this Code to achieve the following objects...(d) To eliminate favoritism, fraud and corruption in the awarding public contracts." Caltec Corp has completed more than one hundred public work projects ,we and our profession references have been contacted by awarding agencies if we were within first three lowest bidders in order to obtain more information and evaluate our qualification, Caltec Corp. listed a dozen of profession references for the above project including three Historic restoration and seismic retrofit projects which have been listed in Federal and State Historic Registry(Exhibit 4 3), neither Caltee Corp. nor our references have been contacted by the City in order to obtain more information and perforin a realistic evaluation. Our two times contact with the City's staff after bid opening to verify the status of the award were coldly and briefly responded and disconnected(No decision yet....). Caltee Corp. believes the City's staff had not any intention to evaluate our qualification and their bad faith is a breach of implied warranty of competitive bidding statute and public contract code section 100(d) and pursuable for a declaratory judgment . California Public Contract Code Section 3400 (a)bid speciation states, "No agency of the state, nor any political subdivision, municipal corporation, or district, nor any public officer or person charged with the letting of contracts for the construction, alteration, or repair of public works, shah draft or cause to be drafted specifications for bids, in connection with the construction, alteration, or repair of public works, (1) in a manner that limits the bidding, directly or indirectly, to any one specific concern, or (2) " Contract specification states, " Each bidder shall have prior experience with major restoration, seismic retrofit and/or rehabilitation projects for local, state or federally designated historic buildings and historic adobes construction to the satisfaction of the City and shall have acted as a prime contractor on at least 3 such projects each(i.e. three historic building and three traditional adobe projects) in the last four years .." The City Council meeting agenda dated 11/17/2009 states the scope of the work as follows, • Removal of previously installed but visually intrusive seismic frame steel columns. • Removal of the large wood beam suspended just under the ceiling in the north room. ® Connection of new roof diaphragm to steel beams hidden above the ceiling. • New wood shingle roof. • Restoration of chamfered porch posts. • Re connection of dry utilities. • Restoration of the existing wood plank ceiling. • Re creation of the hard packed earthen floor. • Removal of large track lights and replacement with more sensitive lighting. • Adjust location of the electrical outlets and alarm panel. • Repair and apply lime plaster to the adobe walls. • Accommodate the historic information display. As it is clear in the above scope of the work and it could easily be verified with the project's consultant or a third party consultant, the majority of the work is structural seismic retrofit , restoration of the wood and new electrical work and only less than. 1.% of scope of the work is related to the adobe work. Caltec Corp. pursuant to the requirement of the contract submitted at least three major historical restoration project and a dozen of other restoration,preservation and seismic retrofit projects which we completed within last 4 years for the County of Orange, City of San Marino and numerous different governmental agencies. The staff reports states, " Based on City's review of the required statements of experience provided with each of the bids, staff has determined that the lowest four bidders are not qualified. More specifically, none of the four lowest bidders demonstrated any major historic adobe rehabilitation experience and only one of the four demonstrated some minor historic adobe experience." . Caltec Corp. believes the above statement with clear emphasize on experience with adobe buildings directly tries to limit the bidding to the specific concern (Adobe work) which is less than 1% of the scope of the work and not only is a clear violation of the public contract code section 3400 (a) but also is a direct insult to our professional crews who are fully experienced in restoration and historic projects and send a direct message to the tax payer to waste their $80,000 of their taxes as well and permits citizen and taxpayers to bring an action questioning the validity of the above decision. Caltee Corp. due to the violation of above code sections and following reasons, requests the fifth lowest bidder, Mark Sauer Construction Inc. to be disqualified and the contract to be awarded to the Caltec Corp. which is the realistic lowest responsible bidder, 1. Addendum#1 states, Contractor shall include an add alternate for the abetment of lead based paint, .. to be performed by appropriately trained and certified lead based paint abatement specialists, The fifth lowest bidder neither hold the appropriate license nor listed any subcontractor for the lead paint abatement. This is a violation of California Business & Professions Code, Division 3, Chapter 9, Article 4 classification, section 7057(b). 2. Contract specification prequalification statement calls out"..contractor shall have acted as a prime contractor on at least 3 such projects each(i.e. three historic building and three traditional adobe projects) in the last four years .." Mark Sauer Construction work experiences for adobe buildings are all more than last four years (According to their web site, Exhibit 9 4), these experiences are for years 1991 or 1993( last for years prior to the bid opening is from 9/22/2005 to 912212009, experience in all other dates is not valid and is a violation of the City's solicitation).The City's staff report states,".. only one of the four lowest bidder demonstrated some minor historic adobe experience.." . The question is why Caltec Corp. with some minor adobe work experience ( In the opinion of City's staff) within last four years to be disqualified and the fifth lowest bidder with no experience in adobe work within last four years to be qualified? The fifth lowest bidder definitely has not its employees who worked on adobe buildings from years 1991 or 1985. 3. President of fifth lowest bidder does not hold required appropriate academic education and experience related to the structural seismic projects, Based on their web site information, Exhibit 45 , it states, " he enjoys skiing, snowboarding, Sports (especially hockey), animals and the outdoors. Caltec Corp's president and Project manger holds M.Sc. in Structural Engineering With extensive work experience in construction and enjoys its profession. 4. The engineer's estimate for this project is $116,600 and the fifth lowest bidder bid with consideration of lead abatement is $170,000 which is almost%50 over your consultant's estimate. 5. The design a professional web site is not part of qualification of contractors to perforin this project,which we believe it might impacted the City's staff decision. Please feel free to contact me at 714-717-1638 for any question. Best Regards, Hamid Abghari Caltec corp. President Cc: File ZAR JUA 34 CA MqTgAND,CA,92 675 (S486 403 f 171 e Ora 04D)4,43140W.PAX 177 47NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will rneet at 0;30 p.m. on Tuesday, November 17, 2009 in the City Council Chamber in City Hall, to consider. "Consideration of Fund Transfers and Award of Contract for IV ontanez Adobe Restoration and Seismic Retrofit (Mark Sauer Construction Inc.)(CIP No. 07406)" -- Item No. ®6. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, November 16, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak= form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais, You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Teri ®elcamp, Historic Preservation Manager. You may contact that staff member at (949�44_366330 with any u'estions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit clerk san`uanca istrano.or . Maria Morris Acting City Clerk cc: Caltec Construction, Inc; Insley Construction, Inc; ®alke & Sans Construction, Inc; Courts Construction Company; Mark Sauer Construction, Inc; Eagle Restorations Group, Inc. �bz� l;?,.4 is ,�a���haF1.,," rhe `Nc'={1v ,i':` id Opening Report B idOpened Oct ober 22, 2009 at 3:00 P.M.s Project Title Montanez Adobe Restoration&Seismic Retrofit Project Engineer Teri Delcamp, Hist Pres Mng Pre Bid Estimate $116,000-00 Bid Bidder Bid Amount Bond/Addenda? 2 3 _Insley ,action, Inc- —Y—----- $ 2. Dalke& Sons Construction, Inc. 3. Eagle Restoragns_group, nc. 4. Courts Construction f $ 5Mark Sauer Construction, 62 6. Caltee Corp. --------------- in X-1 Date Sign City Clerk Staff(3) Project Department(3) c The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. CALTEC CORP. historic ! Restoration/Seismic retrofit and Rehabilitation Projects Completed Contracts A B C Contract Description Final Owner Architect Year Location Contract Owner's Rep. Rep. Completed Price phone# Phone# Modjeska Historic Building Structural Stabilize and $326,964.00 County of Orange Thirtieth Street Architectures, Inc. Oct-09 Restoration Mr. Scott Dessort Mr. John Loomis Listed in Federal and State Historic Re ist 714-567-6569 949-673-2643 Arden -Helena Modjeska Historic House and Garden) Installation $90,000.00 County of Orange MSA Architecture &Planning Sep-09 of HVAC and Dehumidification System Mr. Scott Dessort Ms. Catherine Peppard Listed in Federal and State Historic Registry 714-567-6569 949-251-1177 Restoration and ADA Improvement at the Historic Old Mill $139,510.00 City of San Marino City of San Marino May-08 Ms. Jessica Keating Engineering Dept. Listed in Federal and State Historic Registry 626-300-0791 City Hall and Council Chamber Seismic Hazard Reduction $203,549.00 City of Rolling Hills Estates Crane Architects Group Jun-06 Located at: Mr. Andy Clark Mr. Richard Crane 4045 Palos Verdes Drive N., Rolling Hills Estates, CA 90274 310-377-1577 Ext.109 714-525-0363 City of Rosemead, Council Chamber Restoration $530,659.00 City of Rosemead ONYX Architects Jul-68 Mr. Chris Marcarello Mr. Ray Aguirre 626-569-2118 626-405-8001 Norwalk Acquatics Pavilion Locker Room Rehabilitation $321,000.00 City of Norwalk Engineering Dept. Apr-08 Mr. Randall Hillman 562-929-5719 Outdoor Restroom Renovation at Salt Lake park and Robert $423,000.00 City of Huntington Park City of Huntington parts Mar-09 Keller Park Mr. Wes Lind Engineering Dept. 626-447-4260 Walkway Roof Repair and Electrical work at Sierra Education $385,000.00 Whittier Union High School Dist. TDM Architects Sep-08— center Mr. Danny True Mr. Razmik 562-698-8121 ex 1638 323-254-9200 San Marino H.S. Locker Room Renovation $501,000.00 San Marino USD SCMC, Inc. Apr-07 Located at: Mr. Gerald Schober 2701 Huntington Dr., San Marino, Ca, 91108 626-396-5850 Ex 89198 805-495-1141 Mark Sauer Construction, Inc, Projects Wage I of 2 t , �zcr f fr�� "wee, /gso irsllx€xv 023 '".�."°1� :.;�u`'.."su.. ,r'�„,.-.'..4.`�:i ..c ,Y. ..5'....r�.�.a '• ~-'�c�l � Ma,. ^;5 �.: HOME ABOUT US OUR SERVICES PROJECTS BID i730ARD CONTACT US Meet Our Team Since 1956,Mark Sauer Construcaton.Inc.(MSC)has been involved Testimonials c � in many of California's most unique renovation and restoration Projects. Qualifications Whether the}project is on a large scale or small,we deliver timely T results and are committed to excellence,performance.and Photo Gallery accountability, -- .- .. M8Cblog t Projects Completed on the register for Historic Pieces View Our Brochure m....�_...._....................... . i Casa De La Guerra.Santa Barbara,California 199i Orena Adobe. Santa Barbara,California 1992 t �l Santa Barbara Bldg,Dept.Special Case Study ? Yorba-Slaughter Adobe.Cnurty of San Bernardino,California 1992 Pacific Electric Substation#t14.Santa Ana,California 1993 California License Woman's Irnprnvnment Club of Corona. Carona;California 1994 5(10572 B 3g# Rancho Sante Fe Irrigation Dist.Offica, Rancho Santa Fe,California 1994 fqkN Serrano Adobe Lake Forest,C81E.arnia 1995 ': Guajomn Ranch,Vista,California 1996 Barbara Greenwood Kindergarten Bungalow Pcrrnona,California 1996 } Rancho Los Cerritos, Lona Beach;California 1996 Nevada 1".ire€ase #0466957 B Rancho Los Alamitos.(Chimney Project)Long Beach,California 1996 Strat,hearn Adobe, Simi Valley,California 1996 Reyes Adobe: (Nouse Repairs)Agoura Hills,California 1997 , San Gabriel Mission:San Gabriei,California 1997 H 9998 Calif.Preservation Foundation Design Award t,i— Virginia Robinson Gardens. Beverly Hills,Ca 1999 Friendship Baptist Church.Pasadena,California 2000 " �'€1z9mvoRx & �INS,rrruir: 2000 Calif.Preservation Foundation Design Award 2000 L.A.Conservancy Preservation Award Phiilips Mansion. Pomoria,California 2001 Hillcrest Park, Fullerton,California 2002 Leo Carrillo Ranch. Vista,California 2002 Sikes Adobe Farmhouse,San Diego,California 2003 t 2005 Calif.Preservation Foundation Design Award Reyes Adobe(Barn Project)Agoura Hills,CalifQrNs. 2004 1= Rancho Los Alamitos (Foundation Project)Long Beach California 2004 Breed Street Shut. Los Angeles,California. 2004 2005 LA Conservacy Preservation Award s fY Warner's Ranch. Warner Springs,Caiifornia. 2005 Los Penasquitos Ranch San Diego,California 2006 Len Carillo Ranch BBQ.Carlsbad,Caifomia 2006 Rancho Las Cerritos Water Tower_Long Beach,Caifornia 2007 hit€ °Il n aaier.cnm/nrniec#.�.h#ml 11/140009 Marl{. Sauer Construction, Inc, Projects Page 2 of 2 San Tirnoteo Schoolhouse. Riverside County,C2ifornia 2007 Walker House.San Dimes,Caiforria Current Projects Completed on Local Historic Places Banning Park Cottage. W€Imingtor,California 9987 Fritz E3widing. Gas Lamp Charter,San Diego,California. 1990 San Diego RedevelopmentAward Conneily Adobe Riversrde,California 1993 9 a Jameson Adobe.Corona,California. 1994 Pilgrim Congregation Church Pomona:California_ 1994-98 E Bud's Rke Snap.Claremont,California. 9990 &i Webb Schools.La Vern,Gati#crn€a, 2003 San Dimas Train Depot Museum San Dimas,Cafifomia, 2003 Oceanside Welco€rie Wail Arches.Oceanside,California. 204 Currier House, Pomona,California_ 2004 La Jolla Taj Mahal. La Jclia,Ca11fornia,, 2005 Anderson House.Redlands,Cai€fornix 2006 J Copyright 1986-20091 Mark Sa.er Consl.rdc icm, Inc. A0 Rights Roserved VilEh5ite designed by AC%Computer TeC__[ gy HOME. ABOUT US OIUR SERVICES PROJECTS BID BOARD CONACT US htto://msauer.com/,Proiects,htm 11/14/2009 Mark Sayer Construction, Inc.. 'leet Our Team Page 1 of 1 1axrsTxl a. HOME ABOUT US OUR SERVICES € ROJEC S BID BOARD CONTACT US Moet Our Team __. .. Testimonials Mar mot eras Inez a d Sou4h Fred his rdepr sisio age �F12 St who:b heves i An r.fj: otk erdt California rest! taut ss an Qtaaltf catEo is • „ f mother.Irsez and fatfser, p g ldren vaho kseffevasd in hzrd work and perseverance. Along Y they laved irr the home the f>arnity built in the City of Rsid ng ils i M6, �'h' farr�ity Baas act ue arrd varat€c�ns l 0ly Photo Gallery revo(ved arovM moaWing . frsltoaving.graduatr4p ftorn Mlta �s'te lqJgh Scfuiti"t1n : -- --— Rancho flaioslrerdes in 7977 Mark attended ios Angeles�larixgxr��ITe�e. Mark wars a NtSCblog merrst�er rrfttie"fr378 State Ch;ampian has€bafl team at Hart�cr3Teg�*arsdwent tsa'4ty .-..._.. _..,_.. _ _........ play at U.C.Santa Earbafa forthe nationally ranker!Gauchos. MzA graduated.UCS8 irk View Our Brochure ,; 7987 with a Bachelor of Science degree. _ . ..__........... .................. Afark remaillod in Santa Bat Wra-for severaI years working as a finish carter. Later he moved to Sacramento to work in commercial real estate.The.tiext tr bvo� was fo orange County California to work as a superintendent for a large comme eaa8 contractor In 8 986 ;ate Mark obtained his General Cant€mors License in Californiaend betdab tha uniquely named Mafk Sauer C6%)strUCU*n qi 5Q fw15C isecame aCali€ernlo Cdr{Sttrltlon io 8995. I he offices of MSC and the Sauer family home have been in Corona,California since 8988. Mark and his wife,(heries;rlR.of.MSQ,sons:Kline and-Pay neeiljoysk)lng,.snowboardlng, California License sports lespeciaily hockey;,ahlmals.and the.m4door5.. 5£]L57 a o AA:degreei_.A:l;aif�r�eill�ge a 85 degree U,C Santa 8*bara ' o California and Novzida sta e contractor s licensp holder M is Callf�rnl�tertlfi�et3� ; = �;•. , 6 M. ttpl@.awari� � f� �ktlrt �l4t� c°W>e�cwa'�a o ,Yi+slpleawdard+nr3nArbm lirrtansrtrafir, Nevada License o Award 1 Sar.Diego,Save ovrAeratage brgaraszafinta 63D6815"7 E2 o Mwnbero€t a Cahfbmla Presfmva n FouAdatf.W. o lv9eret.of t�'ie l�obd++�sxi�rsIrtit3Qex o wh)6 t or the t,A-Ha o National level Mastets icyde rate g ,, TN,sTfT'urE Cc>Copyright 19H-20091 Mark Sou-ar ,I,c_j Ail Nights Reserved Wobsile designed by ACE Cgirgputer TechnologyIJQlv1F AROUT US R SFRN I(,FS RO LFGi S E10 BOAR C CONTACT US b,riz,•1/Y,,��,, �n / �ptn7zrssanm lstml 11/14/2009 11/17/2009 D6 Caltec Corp. RECEIVED General Building and Engineering 8732 Westminster Blvd, Suite 42, Westminster, Ca, 92683 s l � PH.: 714-717-1638 S AIN J f%'HlFax: 714-894-7028 November 16, 2009 Ms. Maria Morris Served via Facsimile, Email and US mail City of San Juan Capistrano Cc: City Council Members Mr.Nassr Abbaszadeh, Director of Public Work, fax: 949-493-1251 City Clerk Ms. Teri Delcamp, Fax: 949-661-5451 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 949-443-6308 949-493-1053 Fax Ref: Montanez Adobe Restoration and Seismic Retrofit; C1P No. 07406 Subject: Bid Protest Dear Ms. Morris, Caltec Corp. is in receipt of non.dated and vogue City's flyer (Received in the afternoon of November 13, 2009) regards consideration of fund transfer and intention to award the above referenced project(Please see attachment Exhibit 41).The flyer does not indicates the intention of award of the above project to the fifth lowest bidder provide us less than 24 hours to respond and bring any concerti to the City's Council meeting. Further investigation through City's website and City council meeting agenda revealed your shocking, unrealistic and favoritism decision to recommend to award the above project to fifth lowest bidder with twice amount of our bid and with additional $80,000 tax payer funds. ( Exhibit##2). Disqualification of submitted Caltec Corp.'s bid which was submitted in full compliance with City's solicitation , public contract Code and plan and specification as a low responsible bidder and intend to award the above project to the fifth lowest bidder ('Mark Sauer Construction, Inc.) Is not only a clear violation of numerous sections of City's solicitation, Public contract Code, Business profession code and waste of tax payer money but also is a clear and direct insult to Caltec Corp. which will affect our future profession . We strongly protest the staff s decision and request to be re-evaluated. California Public Contract Code section 100(d) purpose of the Code states, "...Further, it is intend of the Legislature in enacting this Code to achieve the following objects...(d) To eliminate favoritism, fraud and corruption in the awarding public contracts." Caltec Corp has completed more than one hundred public work projects ,we and our profession references have been contacted by awarding agencies if we were within first three lowest bidders in order to obtain more information and evaluate our qualification, Caltec Corp. listed a dozen of profession references for the above project including three Historic restoration and seismic retrofit projects which.have been listed in Federal and State Historic Registry(Exhibit# 3), neither Caltec Corp. nor our references have been contacted by the City in order to obtain more information and perform a realistic evaluation. Our two times contact with the City's staff after bid opening to verify the status of the award were coldly and briefly responded and disconnected(No decision yet....). Caltec Corp. believes the City's staff had not any intention to evaluate our qualification and their bad faith is a breach of implied warranty of competitive bidding statute and public contract code section 100 (d) and pursuable for a declaratory judgment . California Public Contract Code Section 3400 (a)bid speciation states, "No agency of the state, nor any political subdivision, municipal corporation, or district, nor any public officer or person charged with the letting of contracts for the construction, alteration, or repair of public works, shall draft or cause to be drafted specifications for bids, in connection with the construction, alteration, or repair of public works, (l) in a manner that limits the bidding, directly or indirectly, to any one specific concern, or (2) Contract specification states, "Each bidder shall have prior experience with major restoration, seismic retrofit and/or rehabilitation projects for local, state or federally designated historic buildings and historic adobes construction to the satisfaction of the City and shall have acted as a prime contractor on at least 3 such projects each(i.e. three historic building and three traditional adobe projects) in the last four years .." The City Council meeting agenda dated 11/17/2009 states the scope of the work as follows, • Removal of previously installed but visually intrusive seismic frame steel columns. • Removal of the large wood beam suspended just under the ceiling in the north room. • Connection of new roof diaphragm to steel beams hidden above the ceiling. • New wood shingle roof. • Restoration of chamfered porch posts. • Re connection of dry utilities. • Restoration of the existing wood plank ceiling. Re creation of the hard packed earthen floor. • Removal of large track lights and replacement with more sensitive lighting. • Adjust location of the electrical outlets and alarm panel. • Repair and apply lime plaster to the adobe walls. • Accommodate the historic information display. As it is clear in the above scope of the work and it could easily be verified with the project's consultant or a third party consultant, the majority of the work is structural seismic retrofit , restoration of the wood and new electrical work and only less than 1% of scope of the work is related to the adobe work. Caltec Corp. pursuant to the requirement of the contract submitted at least three major historical restoration project and a dozen of other restoration,preservation and seismic retrofit projects which we completed within last 4 years for the County of Orange, City of San Marino and numerous different governmental agencies. The staff reports states," Based on City's review of the required statements of experience provided with each of the bids, staff has determined that the lowest four bidders are not qualified. More specifically, none of the four lowest bidders demonstrated any major historic adobe rehabilitation experience and only one of the four demonstrated some minor historic adobe experience." , Caltec Corp. believes the above statement with clear emphasize on experience with adobe buildings directly tries to limit the 'bidding to the specific concern (Adobe work) which is less than I% of the scope of the work and not only is a clear violation of the public contract code section 3400 (a) but also is a direct insult to our professional crews who are fully experienced in restoration and historic projects and send a direct message to the tax payer to waste their$80,000 of their taxes as well and permits citizen and taxpayers to bring an action questioning the validity of the above decision. Caltee Corp. due to the violation of above code sections and following reasons, requests the fifth lowest bidder, Mark Sauer Construction Inc. to be disqualified and the contract to be awarded to the Caltec Corp. which is the realistic lowest responsible bidder, 1. Addendum #1 states, Contractor shall include an add alternate for the abetment of lead based paint, .. to be performed by appropriately trained and certified lead based paint abatement specialists, The fifth lowest bidder neither hold the appropriate license nor listed any subcontractor for the lead paint abatement. This is a violation of California.Business&Professions Code, Division 3, Chapter 9, Article 4 classification, section 7057(b). 2. Contract specification prequalification statement calls out"..contractor shall have acted as a prime contractor on at least 3 such projects each(i.e. three historic building and three traditional adobe projects) in the last four years .." Mark Sauer Construction work experiences for adobe buildings are all more than last four years (According to their web site, Exhibit 4 4), these experiences are for years 1991 or 1993( last for years prior to the bid opening is from 9/22/2005 to 912212009, experience in all other dates is not valid and is a violation of the City's solicitation).The City's staff report states,".. only one of the four lowest bidder demonstrated some minor historic adobe experience.." . The question is why Caltec Corp. with some minor adobe work experience ( In the opinion of City's staff) within last four years to be disqualified and the fifth lowest bidder with no experience in adobe work within last four years to be qualified? The fifth lowest bidder definitely has not its employees who worked on adobe buildings from years 1991 or 1985. 3. President of fifth lowest bidder does not hold required appropriate academic education and experience related to the structural seismic projects, Based on their web site information, Exhibit 45 , it states, "he enjoys skiing, snowboarding, Sports (especially hockey), animals and the outdoors. Caltec Corp's president and Project manger holds M.Sc. in Structural Engineering With extensive work experience in construction and enjoys its profession. 4. The engineer's estimate for this project is $116,600 and the fifth lowest bidder bid with consideration of lead abatement is $170,000 which is almost%50 over your consultant's estimate. 5. The design a professional web site is not part:of qualification of contractors to perform this project, which we believe it might impacted the City's staff decision. Please feel free to contact me at 714-717-1638 for any question. Best Regards, 017+ Hamid Abghari Caltec corp. President Cc: File ;Al ra �� ' ant � r , a (945"x:} � 171 e Be mti IA EC- 1053 rA 0 DR-LONDASS U90 NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, November 17, 2009 in the City Council Chamber in City Hail, to consider: "Consideration of Fuad Transfers and Award of Contract for Montanez Adobe Restoration and Seismic Retrofit (lark Sauer Construction Inc.)(CIP No. 07406)" — Item No. D6, If you have specific thoughts or, concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council trough correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, November 16, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" fora found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Teri Delcamp, Historic Preservation Manager. You may contact that staff member at (949 44346330 with any The agenda, including agenda reports, is available to you on our web site: www.sanivancaistrano.orq. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk@san,juancapistrano.org. Maria Morris Acting City Clerk cc: Caltec Construction, Inc; Insley Construction, Inc; Dalke & Sons Construction, Inc; Courts Construction Company; Mark Sauer Construction, Inc; Eagle Restorations Croup, Inc. 1,0 E`nhance the 1`'Ufvm Bid Opening Report Bids Opened -October 22, 2009 at 3:00 P.R Project Title Montanez Adobe Restoration &Seismic Retrofit Project Engineer Teri DelcaMpHLi�t Pres MLnq__ Pre Bid Estimate . SI 16,000.00 Bid B Bidder Bid Amaunt ond/Addends? 2 173 Insley Construction, Inc. Dalke&Sons Construction, Inc. _Y__L _Ile Restaratians�rous,Lnq 0_1 4. Courts Construction C 5. Mark Sauer Construction Inc. $ 6. 7, 8. Sign Date City Clerk Staff(3) Project Department(3') cked. The bid totals are subject,to correction The above bid aniounts bavc,,not bee.n che aft er the bids have beer compl,etel y reviewed it ........... CAL" EC CORP. Historic 1 Restoration]Seisrnic retrofit and Rehabilitation Projects Completed Contracts A B C D Contract Description Final owner Architect Year Location Contract Owner's Rep. Rep. Completed Brice Rhone# Phone# Modjeska Historic Building Structural Stabilize and $326,964.00 County of Orange Thirtieth Street Architectures, Inc. Oct-09 Restoration Mr. Scott Dessort Mr. John Loomis Listed in Federal and State Historic Registry 714-567-6569 949-673-2643 Arden-Helena Modjeska Historic House and Gardenl Installation $90,000.00 County of Orange MSA Architecture&Plannin Sep-09 of HVAC and Dehumidification System Mr. Scott Dessort Ms. Catherine Peppard Listed in Federal and State Historic Re istry 714-567-6569 949-251-1177 Restoration and ADA Improvement at the Historic Old Mill $139510.00 City of San Marino City of San Marino May-08 Ms. Jessica Keating Engineering Dept. Listed in Federal and State Historic Registry 626-300-0791 City Hall and Council Chamber Seismic Hazard Reduction $203,549.00 City of Rolling Hills Estates Crane Architects Group Jun-06 Located at: Mr. Andy Clark Mr. Richard Crane 4045 Palos Verdes Drive N., Rolling Hills Estates, CA 90274 310-377-1577 Ext.109 714-525-0363 City of Rosemead, Council Chamber Restoration $530,659.00 City of Rosemead ONYX Architects Jul-08 Mr, Chris Marcarello Mr. Ray Aguirre 626-569-2118 626-405-8001 Norwalk Acquatics Pavilion Locker Room Rehabilitation $329,0170.00 City of Norwalk Engineering Dept. Apr-05-- Mr. Randall Hillman 562-929-5719 Outdoor Restroom Renovation at Salt Lake park and Robert $423,000.00 City of Huntington Park City of Huntington park Mar-09 Keller Park Mr. Wes Lind Engineering Dept. 626-447-4260 Walk way Roof Repair and Electrical work at Sierra Education $385,000.00 Whittier Union High School Dist. TDM Architects Sep-08 center Mr. Danny True Mr. Razmik 562-698-8121 ex 1538 323-254-9200 San Marino H.S. Locker Room Renovation $501,000.00 San Marino USD SCMC, Inc. Apr-07 Located at: Mr. Gerald Schober 2701 Huntington Dr., San Marino, Ca, 91108 626-396-5850 Ex 89198 805-495-1141 Mark Sauer Construction, In Projects Wage ]. of 2 laa€learr Gi ,rs»r? � 1 24 a � HOME ABOUT DS OUR SERVICES PROJECTS BID BOARD CONTACT US �. PC)J V 1 Meet Our Team Since 1986,Mark Sauer Construciton,Inc.(MSC)has been involved Tes<<mcnials in many of California's most unique renovation and restoration .......... .............. projects. Qualifications results o'ect is on a large scale or small,we deliver timely . Photo Gallery and are committed to excellence,performance,and MSCblog SAN Projects Completed on the Register for Historic Places view Our Brochure �9 . k' Y! �g Casa De La Guerra.Santa Barbara,California 1991 Orena Adobe. Santa Barbara,Caisfornia 1992 �5 Santa Barbara Bldg.Dept.Special Case Study 3y Yorba-Slaughter Adobe.Country of San Bernardino,California 1992 E Pacific Electric Substation#14.Santa Ana,California 1993 California License Woman's improvement Club of Corona, Corona,California 1994 #500572 B Rancho Sante Fe Irrigation Dist.Office. Rancho Santa Fe,California 1994 «,`p•"a"� Serrano Adobe, Lake Forest,California 1995 `»r Guaicime Ranch.Vista,California 1996 t , ✓ . Barbara Greenwood Kindergarten Bungalow.Pomona,California 1996 Rancho Los Cerritos.Lo Beach,Califonria 1986 Nevada Licenso Long' #t#068,157 B Rancho Los Alamitos.(Chimney Project)Long Beach,California 1996 Strathearn Adobe. Simi Valley,California 1996 Reyes Adobe (Nouse Repairs)Agoura Hills,California 1997 San Gabriel Mission.San Gabriel,California 1997 r 1998 Calif,Preservation Foundation Design Award ' Virginia Robinson Gardens. Beverly Hills,Ca 1999 Friendship Baptist Church.Pasadena,California 2€}00 � �?�3U3J€ORK A t~~l:STITU FF 2000 Calif.Preservation Foundation Design Award s 2000 L.A.Conservancy Preservation Award Phillips Mansion. Pomona,California 2001 Hillcrest Park, Fullerton,California 2002 t Leo Carrillo Ranch, Vista,CaI€fornia 20012 yt fi Sikes Adobe Farmhouse.San Diego,California 2003 2005 Calif.Preservation Foundation Design Award Reyes Adobe(Barn Project)Agoura Hills,California, 2304 i Rancho Los Alamitos.(Foundation Project)Long Beach Cailfornia 2004 Breed Street Shul Los Angeles,California. 2004 2405 LA Conservacy Preservation Award Warner's Ranch. Warner Springs,Caiifornia. 20705 Los Pe:nasqu€tos Ranch. San Diego,California 2006 Lee Carilio Ranch BBQ.Carlsbad,Caiforn�a 2006 Rancho Los Cerritos Water Tower.Long Beach,Caifornia 2007 H'�'9'n• /1--, blit i'1'{'Y i 11/14/)00() Mark Sauer Construction, In Projects Page 2 of 2 San Ti oteo Schoofhouse. Riverside County,Caifornia 2007 Walker House.San Dimas,Caifornia Current g se Projects Completed on Local Historic Places Banning Parte Cottage. Wilmington,California. 1987 Fritz[30dirg. Cas Lamp Quarter,San Diego,California. 1990 San Diego Redevelopment Award Connelly Adobe. Riverside,California_ 1993 Jameson Adobe.Corona,California. 1994 Piigrirn Congregation Church. Pomona,California. 1994-95 Bud's Bike Shop.Claremont,California. 1995 Webb Schools. La Vern,Calfornia. 2003 San Dimas Train Depot Museurn. San Dimas,California. 2003 Oceanside Welcome Wail Arches,Oceanside,California. 2004 a' Currier House,Pomona,California. 2004 E La Jnlla Taj Mahal. La Jolla,Califomia. 2005 Anderson House.Redlands,California 2006 O Copyright 1986-2609 I Mark Sak,rce Construe;bort,in; .t All Rights Rr�scrved Website designed by ACE.Computer TechnniogV HOME ABOUT US OUR SERVIOPS PROJECTS amBOARD CONTACT us httni/rrlcazaprrnm/nrni rfchtml 11/1-40000 Dark Sauer Construction, Ir - Deet Our Team Page I of. I f / HOME ABOUT US OUR SERVICES PROJECTS DID BOARD CONTACT US OUP Tc^ Meet Our Team { Vr tvWk vias barn ir3 f okither cazivee depression ago rh#he S ttho believed A hard greav up ter the South gay of his Angeles,.�#ss �4 marhee,Inezg wvork Qwal!f!catio!is y< retvativeciharaund.srvrslti#Hilts iFc,IEowinTeadua taeyliyvvtianthe_fsmetfarnrkyr and perseverance. Along with kris aider sister Ondy ty Y eras active and ua�t"mfrs t}prtal]y Photo Gallery .9 9. tion from''Miralest�Hih,Sthaat.4h -- Rancho Palos Verdes ire 1977.Mark a€tended Las Angus Harbor[bitege. marlr was a. /SCbiog l ay t U.a 8act!el ro#Sci�ncttie r#ationasa�Diked'�atNar�c�r��ait �rrd nt:imt rnentfser o#:tire #985tate Okra with y Ga�re3tus makgracivatetk t�CSB#n _ degree. View Our Brochure lAaxk r.emained fn Santa Barbara.for several}tea4WOrtd?)g as a:,a lisTa:car�er aw 14A. maned do�a ramer to to work in 6rrimercia3 real esta '�te. 4 ner. move Maas toorarage County California to vrar3t az a sup erntendent for a large coi'Moerdal car€factor, )a 798f } I ?Mark obtained his General Contractors L tensa in California orad began the 6 1aaty named My wk Sauer. nstruC7 777- tic s3 ii+35C).AMSC becarrre aCalif;s3tfia c a a#i r#r , t The offices,of 3VSC and the since I988. . � �•' m4kand his wife,Cherres(V.P, M )s6603'inexndp neer s iing.showboardhig, California L'rense sports rasp orally+hockgj arsfxnacls arrd l3 + t i!perrs #800672 B G? i5f'l t3eC,}tre ;A M011W. cs B$A40ree U C Santa Bartsara •�� '*; » o Califlorn3a and Nevada state cu ra nt ctor`slicense.s aider w k. o Ca1lfda cert!fied srr!a47�usartess "f ,p. a multiple award wide or, Pr�servatEan i�GY4 a Mbltiple Award wvMNK Lo's Ai g'eles Cons+?ruanc} Nevada t iccrose o Award winne€San Deng(?,Save aur hler3ta i)rgan zatiars #0068957 B o fu4ember of tdra Catffornia seruadssri.l ours60on o d�IQrrrfrof.tl!�tM1t¢�orkrrin � i, o Mernber or the t.A.tiarbnr Crs3fegs Spprts:.Hal3 1.FaiiYe o National level Masters bicycle racer � ��'; 9Vc�br�t�c�rax INSTITUTE F Ccs Copyright 1986-20C9 Bark Sauer Cor?struc4:ion,Inc.1 All Rights reserved Website designed by ACS Gam,p iter Technalogv HOM E ABOUT US OUR SER1/10ES PROJECTS BID BOARD CO TACT LA littpJ/msauer.com/meetourteam.htinZ i t/74/�t1fE9 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICA'T'ION STATE OF CALIFORNIA, ) 11 )Ss. County of Orm-1ge 2"� 2�� I am a citizen of the United States and a resident of the County aforesaid, I am over the age of J-,���.<. s� eighteen years and not party to or interested in: the above entitled matter.I am the principal:clerk . of the Capistrano Valley News, .a :newspaper that has been::adjudged to be a newspaper of;:. general circulation by the Superior Court of the County of Orange, State of California,on June 7; -- — — --.- :- NOTICE.INVITING BIDS: 1984, Case No. A-122949 in and for the City of OdOPrCAWM ADO BE RUSTO 7116H.A sEMMIC RETROW San Juan Capistrano, County of Orange, State of P"ce is hereby given that,,mdled bids.far the Montanez Adobe.Restoratiowand Seisr4 ic-Retrofit will be.rweived at California; that the notice of which the annexed the office:of the City:clerk of.fhe City.of Sai}Juan Gapistra- no,Califom€a,until:2 p.m,on Manday,October.t2,2003,at which,ime they will ire opened and road a1pbo is a true printed copy,has been' ublished in each 1? A raroandatagypee btsl aonferenc-e::an 8 sitar aoe spectl6n is schaduied.at-2 00 p.mt an thQ42rid regular and entire iSSlle of Sa1d:.TIeWB a er and da+p of:Septeniibee,2009,at the project site located at p 1J 31745 Las lios.street;San.Juan CapiWano,CA. The con- tractor s.6T bawkth6,*6rtuh ty for cladficstian or inferpre- i7.©t in any supplement thereof.on the following talion of any point orpo€nts of question within the plans and contract-documents:'or speclficat€ons.A"€s the contractor`s - respmsibiiity to he.in attendance at this conferencs.tore dates,t0 Wit: ce ve any.€ntorrr ation disclosed:iduring the pPraceedi tgs gi the City.:of San Juan Capistrano shalt 1101 disseminale any records bf the canferehcs and site inspection. Exclusive of Sept 17 2009 any writteh addenda and this pre., evpferenoelaite in- t' spection,:1ho City.oi..San.Juan Capistrano,.all ail not.be.re- sponsiWe for any instructions. explanatigns, or lnterpreta- tion of the.plans,spectfirations,and contract.d.9cuipents presented to the bidders in:aiiy-manner, "I Certify (or declare) tinder the enol of Cop€es ofthe Plans and Specitivat€ons are tin file at ilio City penalty Clerks Offioe City.:of San Juan Ca istrar t� 32400 Paseo Adelanto,:San Juan'G istrano,Califorma,ani3 ma be ob perjury under the laws of the State of California tamed at the non-Jefun�able charge 6f.$20 iplus a.bharge of $5 for each set.of Plans arta Specifications matted:For more informat€on, 0ease-contact Seri Relcarnp, Historic that the foregoing is true and correct": Preservation Managerat(949)4:43-$330, - -... Executed.at Santa Ana, Orange County, Oated September9;'2606 California, on Is!Maria Morris -=--------- . MAnIA MORC5JERIS,ACTING CITY C Date: Sept 17,2009 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY,CALIFORNIA:. i Publish ecl Capistrano Valley News/Sept f7 2009 9146134 Signature Capistrano Valley News: 625 N.Grand Ave. Santa Ana,CA:9270t: (714).796-2209 AFFIDAVIT of PUBLICATION PROOF OF TIOIiT NATE OF CALIFORNIA, ) County of Orange j I am a citizen.of the United States and a resident ' >�>;. W ��{ ! A {�, of the County aforesaid; I am over the age of eighteen.years, and not a parry to or interested in Proof or Publication of the above entitled matter.I am the principal clerk of the Capistrano Valley News, a newspaper that has been. adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California,on June 7, 1984, Case No. A-1.22949 in and for the City of ' once:lPlillTlP1[i �° RIft3�tl i#NEZ l6®®BE kXTO'k4if q 4&sEvs#ltllc San Juan Capistrano, County of Orange, State of 1IETliaF1T :,Notice:€s horeby.g€ven tY at reeled 11l 9. for the iMantanezi California; that the notice, of which the annexed Aa.We FNa, r4bJl and €u be recs€ved t Thepfhce of t -G€Sy Clerk,bfe C ty¢f San Juan Ca antra-' na.Cal€toinia vett€I2p4n nnMorida�+;gctobert2,�(�r"h#: is a true printed copy,has been published in each wb cr fime zney wul�e o read and read aloud A',mandatorN IPT and Islda In regular and entire issue of said newspaper and ap4c41nn is scheduled at 2s06;;p m ua flee 22nd'. day.of a inb mr 20.Ft9 si the protect site GCcAteti at 3t7;JS Los jos,=Street sari duan Capistrano 'GA The e0-1 not in any supplement thereof on the following trcdor shall have the oppo tun€tyar Clant€cat€or ,qt€nterpre-, tat€on ntany Ppintor points of yuesfion with€nttae.plans and: contract docUm.enis nr spscrf€oat€cn5:St�ff thar;�ntractnTs;l dates,to wit: resgrnlstb ty3o bs€n.a#te sdance at 1 is coniesenae to re, cerva any€ntoFrrcat€on disci0 d during the prneeadrngs as September 17,2009 the;Grty at San;ivar Capistrano shall not d€seers cats any records at the cortenne and sate ansPeauon E ci xs€vs at. any;=wntten ad tendo and:th€s Pre kedonfarer ce/site en specfion the C€ty of Sar€J€xan+Cap€trano shall trent"fie re 'T certify (or declare) under the penalty of �apgns€ble tor.aity €nstYr�nfiona explarlat€nns ort fare #� tion ef"the,plans,speaf€cat€Doer and anntract zloe�ments',' presetsied Sothe b€dders E .any manner _ perjury under the laws of the State of California Cop€es a3 the Plans.arrdpemtt€aat€Ons.are nnti�eatthe City;` I Gldrk s Ytf€€ce Gaiy at San,tuan'Cs p:istrallo 3�arXt Posen' that the foregoing is true and correct": Adelanto san,Juen Ca sstrano Cmd;torn€a and may lee ab Pained atthe 1ngn r$Yu �amla cha of 520 plus$o arge 6t1 35}or each set ik PI'ana'.and (f o fiGaIi n Oiled For' Executed at Santa Ana,Orange County, -more €ninrma4ipn please aantact Ten Belcamp t rstor€c California, on Presery&tlnnManagerat{949��343-5334 Dared 5epterbar9 208' Date: September 17,2009 lsl-Mar€a Phorr#sl _ ;' MARIA MORRIS ACTING;CITY:OLERfC ¢ CITY OF SAN juAN CAF1STRANO ORANGE GOl7NTY CALIFORNIA Publ€shed 4ap€strano Valley 1`Iews!Sept 17 POfl9 Sign7re Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY MEWS Legal Publications CHARGE TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: SEPTEMBER 17, 2009 SEPTEMBER 24, 2009 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — MONTANEZ ADOBE RESTORATION & SEISMIC RETROFIT PROOF OF PUBLICATION: Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 telephone (949) 493-1171 AUTHORIZED BY: ' DATE: September , 2009 Date of Bid Opening - 10/12/2009 .Date(s) notice published - 09/17/2009 - 09/24/2009 Date affidavit received Date notice posted in - 09/17/2009 designated posting places NOTICE INVITING BIDS MONTANEZ ADOBE RESTORATION & SEISMIC RETROFIT Notice is hereby given that sealed bids for the Montanez Adobe Restoration and Seismic Retrofit will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 p.m. on Monday, October 12, 2009 at which time they will be opened and read aloud. A mandato re-bid conference and site inspection is scheduled at 2:00 p.m. on the 22ndday of September, 2009, at the project site located at 3 745 Los Rios Street, San Juan Capistrano, CA. The contractor shall have the opportunity for clarification or interpretation 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 as the City of San Juan Capistrano shall not disseminate any records of the conference and site inspection. Exclusive of any written addenda and this pre-bid conference/site inspection, the City of San Juan Capistrano shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. Copies of the Plans and Specifications are on file at the City Clerk's Office, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of$20 plus a charge of $5 for each set of Plans and Specifications mailed. For more information, please contact Teri Delcamp, Historic Preservation Manager at (949) 443-6330. Dated: September 9, 2009 M"IAR IS, ACTIN 1TY CLERK CSAN JUAN CA S RANO ORANGE COUNTY, CALI ORNIA MONTANEZ ADOBE RESTORATION & SESMIC RETROFIT NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 12th day of October, 2009, receive sealed proposals or bids for the Montanez Adobe — Restoration & Seismic Retrofit Project, 31745 Los Rios Street, San Juan Capistrano, Ca, in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction (latest edition), including all supplements therefore, on file in the office of the City Clerk of the City of San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. One copy of the bid package, plans and specifications is available at a cost of $20.00 (plus $5.00 if mailed to the Contractor) for each contractor proposing to submit a bid for said work by contacting the City Clerk, San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California, 949-493-1171. Bids will be received until the time stated above at the City Clerk's office, San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. A mandator re-bid conference and site inspection is scheduled at 2:00 p.m. on the 22' daV of September, 2009, at the project site located at.31745 Los Rios Street, San Juan Capistrano, Ca. The contractor shall have the opportunity for clarification or interpretation 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 as the City of San Juan Capistrano shall not disseminate any records of the conference and site inspection. Exclusive of any written addenda and this pre-bid conference/site inspection, the City of San Juan Capistrano shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. No bid will be received unless it is made on a proposal provided within these specifications. Any person desiring to submit a bid proposal in response to this bid package must first purchase the bid package. 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 tent percent of the total bid amount. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the Standard Specifications. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to the City of San Juan Capistrano in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him/her for the work. 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 the City of San Juan Capistrano, will best serve the interests or needs of the City of San Juan Capistrano. A time limit of one hundred and fifty (150) calendar days has been set for the completion of the work, from the date of the Notice to Proceed. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. The Contractor must possess a Class B California State Contracting License in good standing and must meet the historic preservation experience qualifications stated in the Contract Documents. Each bidder shall state the California Contractor's License Number and Classification of such bidder. 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. Bids from bidders without the necessary historic preservation experience will be automatically rejected. This Notice is hereby given and published by or r o t Councilmembers of the City of San Juan Capistrano and is dated this 17th da of ber, 2009. I S IT E K O S N JUAC PISTRANO ORANGE COUNT C LIFORNIA AFFIDAVIT OF PUBLICATION PRODe" Vt6ATION STATE OF CALIFORNIA, } >ss. 2609 SEP 214 P 2y 1 b County of Orange ) I am a citizen.of the United States and a resident SAN JIM of the County aforesaid; I am over the age of eighteen years,and not a parry to or interested iii Proof of Publication of the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, - - —` Nl,'YlC&lNY1Y.:FNG 61i®S>; 1984, Case No. A-122949 in and for the City of r�oAN�z A�soae gslroRnTiloN r ssn�rc R✓ OI�T San Juan Capistrano, Count of Orange, State of NnLc is hereb given that sealed buts to the Morijanez p 7 g y €Adobe 13estoratian anti Seismic Retroftt�lill be reaelYed at tho €cooftheC California; that the notice, of which the annexed .,Glark of the Gity of San Juen Garftstra-: pm ,h Monday October a2 2o4s ar wh€ch;a[Yje they wil! a apene#and read aloud is a true printed copy,has been published in eachm,.Manasa �a:od ,n��.� apaction it:se 0. 1 Dad �f"2 W.P�? �A dof; s $etn6:re 24:",at the PToiect)ffie located at regular and entire issue of said newspaper and 31ay 745 Lbs R€os Street.an tuan Ca 0steano Ck Cl e co 3 4ractnrshal!have tt�c�p�rtunityfor elarlipation or€nf�rprer_ tat€on ot.any!point or points rf question with€n the Plans and: not in any supplement thereof on the following contract documents or speo€neat€oris ,t.5 the c�ntraptar's: responsibihxy to bs.in,attendance at this ponferance'ta re r e€ue a Y€nformation st scta;ed dur€ng the.prateed .n t as dates,to wit: the C€ty;.of S40 Uan Capishana shelf n ction Fa cius ve of records of xhe conferenea and sit tnspe„ any written addenda and his pre b€d_aonfere acalsite in-- September 17,2009 a.pection the City o4 San duan Cap€stra o shall not be s® sponsible for anY Insi ct€ons axpianat€ons or JmteCpreta- t€on .1110-P an , tract docurrenis "I certify (or declare) tinder the penalty of preseritedto the tiiddet.s En any manner perjury under the laws of the State Of Californiaff€ca f a Copes at the Plans and Specif€cat€ons ire on f€feat the C3erk s Cit c San Juan Ga isVano 32400.Paso Adelanio,Sen Juan Ca astrann Gal Orn€a and may be that the foregoing is true and Correct»: ll ta€ned at the rtan-rerun abie chargge of20 plus a cq. harge of g g $5 far®aah sek of Pians and Spenficat€ons mailed Por more informat€nn, pleasentaat Ten DaloamP Fi€storip Executed at Santa Ana,Orange County, PreservahanManagerat(34�).-t� 30 California,on Dated:`Septamber;9 20[39 Date: September 17,2009 E61.Maria Morris'... MARIA MOiiRIS`ACTING Cr[Y CLERfC CITY OF SAN JUAN CAP13TFiANO ©RANGI=GOUNTy CALIFORNIA Published Capistrano,alley News!Sept 17 2009 Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 Bid Opening Report Bids Opened October 22, 2009 at 3:00 P.M. Project Title Montanez Adobe Restoration & Seismic Retrofit Project Engineer Teri Delcarnp, Hist Pres Mnq Pre Bid Estimate $116,000-00 Bid Bidder Bid Amount Bond/Addenda? 1 2 3 t, LT, 1. InsIeV Construction, Inc. $ �61 Y $ L 2. Dalke & Sons Construction, Inc. 5 FvFCT I $ I Eagle Restorations Group, Inc 4. Courts Construction Company 5. Mark Sauer Construction, Inc, 6. Caltee Corp. 7, 61KI') 7. ------- ------ 8. 1 FILL-11 I�A Sign Date cc: City Clerk Staff(3) Project Department (3) The above bid amounts have not been checked. The bid totals are subject to correction. after the bids have been completely reviewed. 9/112009 AGENDA REPORT ®7 TO: Joe Tait, Interim City Manager FROM: Steven A. Apple, AICP, Community Development Director SUBJECT: Consideration of Approval of Plans and Specifications and Authorization to Receive Bids — Montanez Adobe Rehabilitation (CIP No. 474 107406) RECOMMENDATION: By motion: 1. Approve the plans and specifications for the Montanez Adobe Rehabilitation project; and, 2. Authorize staff to receive bids. SITUATION: A. Summary and Recommendation: Plans and specifications have been prepared for the Montanez Adobe Rehabilitation project. Staff is requesting approval and authorization to receive bids. Copies of the plans and specifications are available for review in the City Clerk's office. B. Background: The Montanez Adobe is located at 31745 Los Rios Street and is listed on the City's Inventory of Historic and Cultural Landmarks (INCL) and in the National Register of Historic Places. The site is within the Los Rios Park area, and the Los Rios Street Historic District which was also listed in the National Register of Historic Places in 1983. The City Council authorized execution of a personal services agreement with IS Architecture to prepare plans and specifications for this project on October 21, 2008 and a Notice to Proceed was issued on November 17. The project includes the following repair and rehabilitation improvements: • Removal of the previously installed but visually intrusive seismic frame.steel columns. Agenda Report September 1, 2009 Page 2 • Removal of the large wood beam suspended just under the ceiling in the north room, installed by a prior tenant. • Connection of a new roof diaphragm to steel beams hidden above the ceiling, then into the adobe walls to provide the necessary roof-to-wall connections. • New wood shingle roof to match existing historically appropriate roof. • Restoration of chamfered porch posts. • Re-connection of the dry utilities installed by the Los Rios Park project. • Restoration of the existing wood plank ceiling. • Removal of the large track lights and replacement with more sensitive lighting in the south room. • Adjust locations of electrical outlets and alarm panel to be less visually obtrusive. • Repair and apply lime plaster to the adobe walls. • Accommodate the period interpretation of the Adobe's north room and provide for archaeological and historical information displays in the south room. The project will result in the Montanez Adobe being closed for the approximate five-month construction period, and a transparent fence will be installed around the Adobe time at a radius of about 20 feet. However, the rest of the Adobe gardens and the plaza in Los Rios Park will be open and accessible to the public during the project. furthermore, the fence will provide an opportunity for an attractive project informational sign that will educate the public about the adobe and preservation during the construction period. Staff had previously considered having the construction work performed during the construction of the Los Rios Park project. However, the design work did not begin until after the Park construction was underway. Moreover, staff's desires to: minimize potential requests for change orders for both projects, avoid contractor conflicts from overlapping work areas; and ensure construction access and landscape establishment guarantees were all factors that made such scheduling inadvisable. The engineered cost estimate indicates the project is expected to cost $116,500. Staff anticipates the project to be completed by the spring of 2010. At that time, the planter areas within the work area around the Adobe would be completed through a community planting day followed by the Adobe grand re-opening in time for Historic Preservation Week in May. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The City's seven-year CIP program was reviewed by the Cultural Heritage Commission and the Planning Commission before adoption by the City Council. Staff took an informational item including the rehabilitation plans to the Cultural Heritage Commission on April 28, 2009, and obtained concurrence to complete the construction plans and specifications. The Community Development Department reviewed this project in accordance with the California Environmental Quality Act (CEQA) and has determined Agenda Report September 1, 2009 Page 3 that the project is exempt from CEQA pursuant to Section 15331 of the CEQA Guidelines (Class 31: Historical Resource Restoration/Rehabilitation) because the project consists of the repair and preservation of a historical resource consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. FINANCIAL CONSIDERATIONS: The project was budgeted in the I=Y 2008-2009 CIP in the amount of $184,057. There is approximately $141,000 remaining in the account, which is sufficient for the estimated $116,500 cost of the project plus contingency and remaining staff time. The funding source is Park and Recreation funds. NOTIFICATION: None RECOMMENDATION: By motion: 1. Approve the plans and specifications for the Montanez Adobe Rehabilitation project; and, 2. Authorize staff to receive bids. Respectfully submitted Prepared by: Steven A. Apple, Teri Delcamp Community Deveopment Director Historic Preservation Manager Attachments: 1. Location Map 2. Plans and Specifications (on file in the Council and City Clerk's office only) 3 THE CITY OF SAN JUAN CAPISTRANO ' 4 41- .,z.�� ` PROJECT LOCATION MAP ' t " N Ice :; , l Montahez Adobe 31745 Los Rios Street e 3 QEL n i <# rxd� �m'3 yl+S Vk y pyy % 1 0 3000 6000 900D Feet � ! ! � I ATTACHMENT I ATTACHMENT 2 LARGE SCALE PLANS HAVE BEEN PROVIDED TO THE CITY COUNCIL. A COPY IS AVAILABLE AT THE CITY CLERK'S OFFICE FOR REVIEW. ATTACHMENT 2 ` R I✓ • 32400 PASEO ADELANTo MEMBERS OF THE CITY COUNCIL SAN JUAN cAP[STRANn,CA 92675 (949)493-1171 SAM ALLEVATO In[aN1BNNTfN (949)493-1053 FAx � LAURA FREESE (STANttsxsa � 1961 THOMAsw.HRIBAR WWW.sanjuancapist3'anaorg 1776 THOMAS MARK W.HR LSEN DR.LONDREs USO e • September 23, 2009 ADDENDUM NO. 1 MONTANEZ ADOBE RESTORATION AND SEISMIC RETROFIT BID DATE AND TIME The bid opening date is hereby changed from 2:00 p.m. October 12, 2009 TO 3:00 p.m. October 22, 2009 BID DOCUMENTS The following changes to the bid documents are transmitted through this addendum. 1. The City has identified that approximately 213 of the bid instructions, specifications and project manual document purchased by plan holders were incorrectly copied and did not include all of the pages of the document. To ensure that all have the correct information, the City is issuing a complete set of the bid instructions, specifications and project manual document (attached). 2. The City has identified an add alternate item that shall be included in the bid for this project as follows: In follow-up to a question at the pre-bid meeting on September 22, 2009, the City has been unable to verify the presence of, or abatement of, lead-based paint on the painted wood elements (ceiling, jambs and lintels at 4 doors, and interior passageway trim and lintel) at the Montahez Adobe. Therefore, the City will perform a lead-based paint survey by certified personnel at the Montafiez Adobe prior to commencement of construction. Contractors shall include an add alternate item for the abatement of lead-based paint at the ceiling, jambs and lintels at 4 doors, and interior passageway trim San Juan Capistrano: Preserving the Past to Enhance the Future Cot Printed on 1130%recycled paper Montanez Adobe Restoration and Seismic Retrofit, Addendum No. I Page 2 and lintel, to be performed by appropriately trained and certified lead-based paint abatement specialists with applicable required documentation. In the event the testing shows the presence of lead-based paint exceeding specific thresholds, this add alternate item will be added to the contract scope of work when the contract is awarded. If the testing shows no presence of lead-based paint or not exceeding specific thresholds, this add alternate item will not be included in the contract scope of work. A signed copy of this addendum shalt accompany the bird. Contractor Teri Delcamp Historic Preservation Manager 9 32400 PASEO ADE°L.ANT0 MEMBERS OF THE CITY COUNCIL SAN JLJAN CAPISTRANO,CA 92675 l%f . (949)493-1171 1 SAMALLEVATO (949)+493-1053r"AXm f� is[aevalrin LAURAFREESE ISSRILISAra 1 1961 THOMAS w.HRIBAR www.sanjuancapistrano.org 1776 MARK MELSEN ® DR.LONDRES USO � a October 9, 2009 ADDENDUM NO. 2 MONTANEZ ADOBE RESTORATION AND SEISMIC RETROFIT BID DOCUMENTS The following changes to the bid documents are transmitted through this addendum. STRUCTURAL PLANS: In response to Requests for Information, the City provides the following: 1. Sheet S-6, regarding number and spacing of the new 4" x 4" x '/" steel column (Detail 1): Use three (3) equally spaced steel columns across the gable, which is approximately 48 inches on center. 2. Sheet S-6, regarding the number and spacing of the new Y4" thick bent plate bracket: The new bracket spacing is shown in Detail 4A (within detail 4), calling for a bracket at each rafter. The intent is to hang the existing tube beam frequently so there is not excessive load on any one rafter. PROJECT MANUAL: In response to Requests for Information, the City provides the following: 3. Division 01, Section 01 50 00, "Temporary facilities and controls," Section 2 Products, items: a. #2 A-1 Water is required for the project. City to provide water source and water at no cost to contractor per page SP5, Section 4 of City Special Provisions. b. #2 A-3 Delete b. & c. San Juan Capistrano: Preserving the Hast to Enhance the Future �� Printed on 100%recycled paper Montanez Adobe Restoration and Seismic Retrofit, Addendum No. 2 Page 2 c. #2 A-4 Telephone, fax and internet. Adequate communication is necessary for this project. Contractor to determine needs based on his/her operational .level of technology. Internet access may be provided by wireless laptop or cell phone or similar. d. #2 B Field Office. Not required for the project unless contractor requires based on his/her operational needs. Space is available in staging area if contractor deems necessary. The above stated level of communication shall be maintained with or without field office (i.e., wireless laptop or cell phone or similar to receiveltransmit email communications and access to fax machine as necessary to ensure timely communications.) e. #2 F-1 Required. f. #2 G Required. Drainage and water quality requirements are further specified on Sheet A4-01 of plans — NPDES BMPs. 4. Division 07, Section 07 3129, "Wood Shakes," Section 2 Products, item: a. #2 A-4 Delete. Redwood shakes are required per plans. No wood preservative treatment/fire retardant treatment is required of the wood shakes. A signed copy of this addendum shall accompany the bid. Contractor Teri Delcamp Historic Preservation Manager Q 32400 F ASEq AD8LAR1T0 i i MEMBERS OF THE CITY COUNCIL. SARI JUAN CAPISTRANO,CA 92675 i% LEVATO (949)4x93 1171 w LAURA FREES 11".voeart� LAURA FREESE (949)493-1053 FAx fSTNIEISNER E �� THOMAS W.HRIBAR ivww sanjuancapistrano.oT 1716 MARK NIELSEN e SJR.LONORES USO o • October 15, 2009 ADDENDUM NO. 3 MONTANEZ ADOBE RESTORATION AND SEISMIC RETROFIT BID DOCUMENTS The following changes to the bid documents are transmitted through this addendum. ARCHITECTURAL PLANS: In response to Requests for Information, the City provides the following: 1. Regarding general questions on redwood shakes in plans and Division 07, Section 07 31 29: Contractor to locate manufacturer of redwood shakes. Contractor to field verify dimensions of existing shakes. These shakes appear to be about 36" x 6" x 112". Contractor shall study the existing roof layout and reproduce with the new roofing. Ridge shakes shall match the existing. If upon field verification the ridge shakes are field shakes, then field shakes shall be used. No additional detail(s) will be provided. PROJECT MANUAL: In response to Requests for Information, the City provides the following: 2. Modify Division 07, Section 07 31 29, paragraph 1.C.3: The roof products shall have a 10 year warranty. 3. Modify Division 07, Section 07 31 29, paragraph 2.A.2.b: The cap sheet shall be GAF Glass product per the drawings. 4. Delete Division 07, Section 07 31 29, paragraph 2.A.2.c. Polyethylene coated steel foil will not be required as an underlayment. 5. Per Addendum#2 previously issued October 9, 2009, delete Division 07, Section 07 31 29, paragraph 2.A.4: The wood shakes shall not be fire treated. A signed copy of this addendum shall accompany the bid. Contractor Teri Delcamp Historic Preservation Manager San .Tuan Capistrano: Preserving the Past to Enhance the Future Primed on 100%recycled paper CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS MONTANEZ ADOBE RESTORATION & SESMIC RETROFIT 31745 LOS RIOS STREET SAN JUAN CAPISTRANO, CALIFORNIA MEMBERS OF THE CITY COUNCIL MARK NIELSEN, MAYOR SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR DR. LONDRES USO INTERIM CITY MANAGER JOE TAIT COMMUNITY DEVELOPMENT DIRECTOR STEVEN APPLE, AICP September 1, 2009 9/'x/2009 D7 TABLE OF CONTENTS MONTANEZ ADOBE RESTORATION & SESMIC RETROFIT 31745 LOS RIOS STREET SAN JUAN CAPISTRANO, CALIFORNIA TITLE PAGE CONTRACT DOCUMENTS NoticeInviting Bids...._........._............... ................................................... ....... .......1 Proposal ........................................................................ ........ .....................................3 Non-Collusion Affidavit ............................................................... ......................... ..........5 Designation of Sub-Contractors .................................................................__..... ... .......6 Statement of Experience .................._................___................................................. ....7 Instructions to Bidders............................................... .......... ....................9 Bidder's Bond ................. ....... ...................................... .......... .................. BB1 PerformanceBond........................ ............................ ............................................. P131 Labor & Material Bond........................................ ...........................................LM1 CONTRACT Contract.......__.......................... .......................................................... C1 SPECIAL PROVISIONS Scopeof Work.............................. .................................. SP1 Method of Payment............ ...... ..........................................SP2 Section 1 Standard Specifications........................... ............... ................SP3 Section 2 Terms Defined.........__................ ...............................___.........SP5 Section 3 Flow and Acceptance of Water ..................................................SP5 Section4 Water.............................................. .............___....................SP5 Section 5 Insurance and Overhead Costs.......................... ....... ..........SP5 Section 6 Protection of Existing Utilities ...___... .................................. ...1.SP5 Section 7 Protection of Private Property..... .......................................SP6 Section 8 Construction Zone...................................................__...............SP6 Section 9 Pre-Construction.Coordination Meeting ...................................SP6 Section 10 National Pollutant Discharge Elimination System.......................SP6 APPENDIX Detail Specifications and Plans..................... ........ .......DS1 i MONTANEZ ADOBE RESTORATION & SESMIC RETROFIT 31745 LOS RIOS STREET SAN JUAN CAPISTRANO, 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 7f" day of October,2009, receive sealed proposals or bids for the Montanez Adobe— Restoration&Seismic Retrofit Project, 31745 Los Rios Street, San Juan Capistrano, Ca, in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction (latest edition), including all supplements therefore, on file in the office of the City Clerk of the City of San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. One copy of the bid package, plans and specifications is available at a cost of$20.00 (plus$5.00 if mailed to the Contractor)for each contractor proposing to submit a bid for said work by contacting the City Clerk, San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California, 949-493-1171. Bids will he received until the time stated above at the City Clerk's office, San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. A mandatopre-bid conference and site inspection is scheduled at 10:00 a.m. on the 24 day of September, 2009, at the project site located at 31745 Los Rios Street, San Juan Capistrano, Ca. The contractor shall have the opportunity for clarification or interpretation 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 as the City of San Juan Capistrano shall not disseminate any records of the conference and site inspection. Exclusive of any written addenda and this pre-bid conference/site inspection, the City of San Juan Capistrano shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. No bid will be received unless it is made on a proposal provided within these specifications. Any person desiring to submit a bid proposal in response to this bid package must first purchase the bid package. 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 total bid amount. The successful bidder, simultaneously with the execution of the contract,will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent(100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the Standard Specifications. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to the City of San Juan Capistrano in the event such successful bidder fails to eater into the 1 required contract within 15 days after the written notice that said contract has been awarded to him/her for the work. 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 the City of San Juan Capistrano, will best serve the interests or needs of the City of San Juan Capistrano. A time limit of one hundred and fifty 150 calendar days has been set for the completion of the work, from the date of the Notice to Proceed. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, p ies of the prevailing rate of perdiem wages, as determined bythe Directorof 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. The Contractor must possess a Class B California State Contracting License in good standing and must meet the historic preservation experience qualifications stated in the Contract Documents. Each bidder shall state the California Contractor's License. Number and Classification of such bidder. 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. Bids from bidders without the necessary historic preservation experience will be automatically rejected. This Notice is hereby given and published by order of the Councilmembers of the City of San Juan Capistrano and is dated this 9th day of September, 2009. CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 2 BID PROPOSAL For the: MONTANEZ ADOBE RESTORATION & SESMIC RETROFIT 31745 LOS RIOS STREET SAN JUAN CAPISTRANO, CALIFORNIA From: Contractor, License No. & Classification To the Members of the City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he/she has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction latest edition), including all supplements therefore, read the Instructions to Bidders, and is familiar with all bid requirements, and hereby proposes and agrees, if the bid 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 lump sum amounting to a total of: Words Figures 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, apparatus, 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 orthe drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Juan Capistrano 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 one hundred and fifty (150) calendar days. All bids are to be line item sum computed on the basis of the scope of work, plans and specifications as indicated in this bid. In case of discrepancy between words and figures, the words shall prevail. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to 3 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 Project Manager. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this bid 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 Members of 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 bid.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 proposal. Accompanying this proposal is (Insert "$ cash,"cashier's check, certified check or bidder's bond on the forms from pages BB-1 and BB-2 of these Contract Documents, 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: Licensed in accordance with an act providing for the registration of contractors -- License No. and Classification Signature of Bidder: (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer., and Manager thereof.) 4 Dated: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he/she has thoroughly checked the figures set forth in this bid, that they are correct to the best of his/her knowledge and that they constitute his/her bid for the work called out herein. Dated: Signature of Bidder Dated: Telephone Number 5 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA ) ) SS. County of ) being first duly sworn deposes and says that he is of , 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 anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, 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 anyone interested 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/her 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 therewith, 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. DATED: SIGNATURE On this the day of , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledge that executed it. WITNESS my hand and official seal. Notary Public in and for said State 6 DESIGNATION OF SUB-CONTRACTORS Submit with Bid. 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 following listed sub-contractors in making up his/her bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Project Manager, 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/her 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 Name, Address Phone License No. & Classification 1. 2. 3. 4. 5. 6. 7, BIDDER'S NAME AUTHORIZED SIGNATURE 7 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF PROPOSAL. Bidder's Name Company Name 2. Business Address 3. Business Telephone Number 4. Each bidder shall have prior experience with major restoration, seismic retrofit and/or rehabilitation projects for local, state or federally designated historic buildings and historic adobe construction to the satisfaction of the City of San Juan Capistrano, and shall have acted as a prime contractor on at least three (3) such projects each (i.e., three historic building and three traditional adobe projects) in the last four years conducted under the Secretary of the Interior's Standards for the Treatment of Historic Properties. Attach additional sheets if necessary Year Client/Owner Name & Location of Type of Work & Contract Historic Building/Adobe Amount Signature Company 8 (Page intentionally left blank) 9 INSTRUCTIONS 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, Special Provisions, and the Standard Specifications for Public Works Construction (latest edition) including all supplements, very carefully. He shall satisfy himself as to the character, quality and scope 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 of San Juan Capistrano 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 bid shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions 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 Project Manager for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Project Manager receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Project Manager discovers errors, 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 of San Juan Capistrano 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. Before submitting his/her bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his/her bid any such addenda issued may render his/her bid invalid and result in its rejection. 10 Disqualification of Bidders 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 corporation who has submitted a sub-bid to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his/her own behalf. Bids Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms prodded 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. 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 bids will not be considered except as required hereinabove. No oral, telegraphic or telephonic bids or modifications will be considered. . D. The City of San Juan Capistrano requires bidders to furnish a statement of their major historic restoration, seismic retrofit and/or rehabilitation experience on the form contained in this bid package. The necessary experience is a pre-qualification requirement; any bid from a bidder not providing evidence of such necessary experience to the satisfaction of the City shall be automatically rejected. E. Each bidder shall list his/her proposed sub-contractors on the form accompanying the bid in accordance with the provisions of the specifications. F. Each bidder must accompany his/her 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 of San Juan Capistrano for such a sum of not less than ten percent (10%) of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City of San Juan Capistrano 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/her refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City of San Juan Capistrano and, if the bidder shall fail to execute said contract, said surety will pay to the City of San Juan Capistrano the damages which the City of San Juan Capistrano may suffer by reason of such failure not exceeding the sum of ten percent (10%) of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. 11 G. Bids shall be delivered to the City of San Juan Capistrano at the location stipulated on or before the day and hour set for the opening of bids in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. 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. Prequalification Requirements for Contractors Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. The bidder's experience shall be set forth and submitted on the form provided herewith. Each bidder shall possess a valid Class B Contractor's License issued by the Contractor's State License Board at the time the bid is submitted. Each bidder shall complete the "Statement of Experience" form attached hereto as part of the Proposal. It is the intention of the City to award a contract to a bidder who furnishes satisfactory evidence that the bidder has the requisite experience, ability, sufficient capital,facilities and plant to enable the bidder to prosecute the work successfully and properly and to complete it with the time specified in the contract. To determine the degree of responsibility to be credited to the bidder, the City will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. The City reserves the right to reject any bid if the evidence submitted by, or the City's investigation of such bidder, fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein. Conditional bids will not be accepted. Withdrawal of Bids Any bidder may withdraw his/her bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City of San Juan Capistrano 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 Resection of Bids No bidder may withdraw his/her bid for a period of sixty (60) days after the scheduled closing time for receipt of bids. The contract for the work will either be awarded or the bids rejected within the sixty (60) days after the scheduled closing time for receipt of bids. 12 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 of San Juan Capistrano, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. The bidder to whom the award is made shall execute two copies of the written contract with the City of San Juan Capistrano and furnish the stipulated bonds, insurance 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 of San Juan Capistrano. The release of the successful bidder's surety deposit, as previously stipulated, shall be made upon the City of San Juan Capistrano'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 corporation 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 selected from the surety companies set forth in the standard specifications. Bonds must be submitted on the forms contained in these specifications. Time Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of one hundred and fifty(150)calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding 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. 13 Workmen and Wages Attention is specifically directed to all provisions 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 of San Juan Capistrano pursuant to said Code and as listed in the "Notice Inviting Bids." E�Verify If Contractor is. not already enrolled in the U.S. Department of Homeland Security's E- Verify program, Contractor shall enroll in the E-Verify program to verify the employment . authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under the Contract. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis- dhs.com/employerregistration. Contractor shall certify its registration with E-Verify and provide its registration number prior to City's issuance of a Notice to Proceed. Failure to provide certification will result in City withholding Notice to Proceed,or withholding payment. if project has commenced, until full compliance is demonstrated. Construction Permits It shall be the Contractor's responsibility to obtain all necessary bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. The Contractor shall secure the necessary building permits forthe completion of the project, which will be issued with any necessary plancheck and permit fees charged to the City's project account by the City's Project Manager. 14 BID BOND Know all men by these presents, that we, as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated for the construction of: for the City of San Juan Capistrano, Orange County, California. Now, therefore, if the Principal shall not withdraw said bid within sixty(60)days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. In Witness whereof, the above-burdened parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being affixed hereto and these present duly signed by its undersigned representative pursuant to authority of its governing body. BB1 Two Witnesses (if Individual) Principal Witness 'I By: Witness 2 Title: ATTEST (If Corporation) Corporate Seal Surety ATTEST By: Title: Title: Approved as to form: City Attorney 13132 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS,that as Principal (hereinafter called "Contractor"), and , as Surety (hereinafter called "Surety") are held and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter called "City"), in the amount of Dollars($ )for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has, by written agreement dated entered into a (describe agreement): r which contract is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of default. BE IT FURTHER RESOLVED, that; 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. PB1 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension.of time, alteration, or modification of the contract documents, or of the work to be performed there under, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed there under. Executed this day of 2009, at California. PRINCIPAL (NOTARIZATION AND SEAL) APPROVED AS TO FORM: By City Attorney SURETY (NOTARIZATION AND SEAL) PB2 Premium included LABOR AND MATERIAL BOND Know all men by these presents: That whereas, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to: License No. , hereinafter designated as "Principal", a contract for and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his/her 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 done thereon of any kind, the surety or this band will pay the same. Now, therefore, we Principal, and , as surety, Are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. . The condition of this obligation is such that, if said Principal, his/her or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, orfor amounts due underthe Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, 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 said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. Further, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed there under shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed there under. LM1 As a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included casts and reasonable expenses and fees, including reasonable attorney's fees,.incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. In witness whereof three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the day of 20 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL By: SURETY By: APPROVED AS TO FORM City Attorney LM2 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and 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 Instructions to Bidders, the Proposal, the Non- Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction (latest edition), including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance 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 necessary to perform and complete in good and workmanlike manner the construction of the Montanez Adobe Restoration and Seismic Retrofit Project in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the City Clerk's office, 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. FOURTH. COMMENCEMENT 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 impractible and extremely difficult to fix the actual amount of damages, and loss susta ned by CITY, should CONTRACTOR fail to complete the work in . the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in C1 the nature of a penalty, Two Hundred Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABORAND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100°/x) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one(1)year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100°/x) 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. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he,or any SUB- CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One C2 Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or permitted C3 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. NINTH. E-VERIFY. If CONTRACTOR is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, CONTRACTOR shall enroll in the E-Verify program within fifteen days of the effective date of this Contract to verify the employment authorization of new employees assigned to perform work hereunder. CONTRACTOR shall verify employment authorization within three days of hiring a new employee to perform work under this Contract. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis- dhs.com/employerregistration. CONTRACTOR shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Contract. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: MAYOR BY: CONTRACTOR, LICENSE#&CLASSIFICATION ATTEST: City Clerk APPROVED AS TO FORM: City Attorney C4 CITY OF SAN JUAN CAPISTRANO MONTANEZ ADOBE RESTORATION & SESMIC RETROFIT 31745 LOS RIOS STREET SAN JUAN CAPISTRANO, CALIFORNIA SPECIAL PROVISIONS PROJECT LOCATION AND WORK TO BE DONE The project site is located approximately 1,000 feet north of Def Obispo, 400 feet south of Mission Street, 20 feet west of Los Rios Street, and east of Paseo Adelanto with a street address of 31745 L.os Rios Street in the City of San Juan Capistrano, California. The project shall provide for the completion of the restoration and seismic retrofit of the Montahez Adobe. The work shall encompass: the removal of past seismic retrofit, new seismic retrofit, roof repair and new roofing, porch restoration, adobe patching, ceiling work, a new earthen floor, electrical and all other items noted on the documents. The work shall be preformed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties as outlined in the Plans, Standard Specifications, General and Special Provisions, and Detail Specifications within the contract documents. The complex is a designated historic resource listed on local and state historic registers and in the National Register of Historic Places. The detail specifications included with this bid package shall be followed exactly. Any concerns or issues related to the Contractor's ability to exactly follow these specifications shall be brought to the attention of the Project Manager and resolved prior to commencement of work in that particular area. All materials required to complete the work shall be the responsibility of the Contractor. Contract shall furnish all supplies, labor, trucks, equipment, disposal costs and supervision necessary to perform said work as described in the Plans, Standard Specifications, General and Special Provisions, Detail Specifications and contract documents provided herein. 1. Work will be performed between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. Absolutely no work is permitted on Saturdays, Sundays, or Federal Holidays unless approved in advance in writing by City. 2. Contractor will be required to supply a list of references for similar work performed and additional references if requested by City. 3. Contractor shall provide City with required proof of Liability Insurance, Workmans Compensation, Vehicle Insurance and Contractor's License as noted in contract. SPI 4. Rates quoted shall include all materials/supplies, labor, equipment, transportation, insurance, taxes and any other costs. 5. Rates quoted shall include all safety equipment required. 6. The bid will be awarded based on an analysis of: Bid Prices; Statement of Experience; and all provisions noted in the Instructions to Bidders, General and Special Provisions and Detail Specifications Sections of the Bid Package. 7. Contractor may inspect City property for further information at the site inspection tour of the site. City representatives will be available at the site inspection to answer questions. 8. All employees of Contract shall wear a uniform or shirt which clearly identifies the company name. 9. All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within ten (10) feet of City streets. 10. Contractor must be able to provide a list of employees' names, dates worked, and hours worked on each date if requested by the City. 11. Contractor shall be responsible for protecting all adjacent utilities during work. Any damage to utilities resulting from Contractor's actions or omissions shall be the responsibility of the Contractor. 12. Term Defined—"Project Manager"shall mean the Historic Preservation Manager of the City of San Juan Capistrano. Archaeological & Native American Monitod The project involves a historic adobe listed in the National Register of Historic Places, and located within a National Register Historic District. Thus, the area is sensitive for historic and pre-historic resources. The project will include archaeological and Native American monitoring personnel retained by the City who will be present on the site during ground- disturbing activities. The monitors will be authorized to temporarily halt and/or divert construction activity in the event cultural resources are encountered in order to evaluate the potential significance of such resources. Method of Payment Payment shall be in accordance with provisions of Sections 9-2 and 9-3 of the Standard Specifications. Contractor shall submit invoices for monthly progress payments on designated lump sum bids in accordance with the detailed schedule required under Section 9-2. Said invoices shall be reviewed and request for payment shall be completed by the Project Manager within 30 days for processing by the City. All other provisions of Sections 9-2 and 9-3 shall apply. In the event the final inspection reveals unsatisfactory completion of the provisions of the contract, in lieu of the Contract Termination provisions herein, City at its discretion may SP2 identify unsatisfactory items in writing and withhold 20% of total contract amount until the contract is satisfactorily completed within a maximum period of 15 days, based upon subsequent inspection by the Project Manager. If after the 15 days, the contract has not been satisfactorily completed, the Contract Termination provisions herein shall apply. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his/her work in accordance with the Standard Specifications for Public Works Construction Latest Edition), hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job-site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "if at any time, in the opinion of the Director of Engineering and Building, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Director of Engineering and Building, within the time specified in such notice, the City of San Juan Capistrano, in any such case, shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City of San Juan Capistrano may designate. Upon such termination', the Contractor's control shall terminate and thereupon the Members of the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials,tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City of San Juan Capistrano may deem proper; or the Members of the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his/her sureties, who will be liable therefore. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City of San Juan Capistrano; but such forfeiture will not release the Contractor or the sureties from liability orfailure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City of San Juan Capistrano as provided above, and the Contractor will be SP3 credited with any surplus remaining after all just claims for such completion have been paid." Change 2: Section 7-13 - Laws to be Observed Add. "All contractors and subcontractors shall comply with all sections of the Municipal Code of the City of San Juan Capistrano, especially.Section: 6- 3.06(b), (c), (d) and (e) and shall secure the services of the City's exclusive solid waste hauler for their solid waste handling needs." Change 3: Section 8..-. Facilities for City Personnel Delete this Section. Change 4: Section 7-'10.2 -Storage of Equipment and Materials in Public Streets Construction equipment and materials shall not be stored in streets, roads, highways or public right-of-way. All materials or equipment not installed or used in construction within the daily work period shall be stored elsewhere by the contractor at its expense. Construction equipment shall not be stored at the work site before its actual use on the work. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets, roads, highways or public right-of-way. After placing backfill, all excess material shall be removed immediately from the site. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or person shall be intended: AGENCY shall mean City of San Juan Capistrano whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his/her bid accordingly. It shall be the sole responsibility of the Contractor to protect his/her work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his/her expense. SP4 SECTION 4 - WATER Water will be available from the City of San Juan Capistrano. The CITY shall supply temporary construction wafter services to the project site at no additional cost to the CONTRACTOR. All water facility construction will conform to the "Standard Specifications," City of San Juan Capistrano, and "The Uniform Plumbing Code," 2001 Edition. Contractor shall not modify in any manner the temporary construction water services unless authorized in writing by the Engineer. Use of water shall be limited to construction related. activities exclusively. CONTRACTOR is highly encouraged to conserve wafter. If City identifies abuse of water, CONTRACTOR will be notified to rectify the situation. If follow-up abuse of water is identified, then City will start charging CONTRACTOR for water used at regular City rate. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead(move-in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefore. SECTION 6 - PROTECTION OF EXISTING UTILITIES UNDERGROUND SERVICE ALERT The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at lease 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefore. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his/her ability. The Contractor must protect all existing private property. SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be SP5 protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public- or privately-owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way-or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, way or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 9 - PRE-CONSTRUCTION COORDINATION MEETING Prior to the commence of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractorwill be required to submit a complete schedule in the attached form showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SECTION 10 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM The San Diego Regional Water Quality Control Board(RWQCB)has issued a permit which governs stormwater and non-stormwater discharges resulting from areas owned and operated by the County of Orange, Orange County Flood Control District and incorporated cities of Orange County(collectively referred to as Permittees). The RWQCB Permits is a National Pollutant Discharge Elimination System (NPDES) Permit No. R9-2002-0001, respectively. Copy of the RWQCB Permit is available for review. In order to comply with the Permit requirements, the Permittees have developed a Drainage Area Management Plan(DAMP)which contains Model Maintenance Procedures with Best Management Practices (BMPs) that parties conducting the municipal activities must adhere to. These Model Maintenance Procedures apply to any part conducting municipal activities and contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Work performed under this CONTRACT shall conform to the Permit requirements, the DAMP, the City's Local Implementation Plan (LIP), and the Model Maintenance Procedures and must be performed as described within all applicable Model Maintenance Procedures. The CONTRACTOR shall fully understand the Model Maintenance Procedures applicable to activities that are being conducted under this CONTRACT prior to conducting them and maintain copies of the Model Maintenance Procedures throughout the CONTRACT duration. The applicable Model Maintenance Procedures are included as the Construction Storm Water Requirements Notes on the plans. Evaluation of activities subject to DAMP requirements performed under this CONTRACT SPG will be conducted to verify compliance with DAMP requirements and may be required through CONTRACTOR self-evaluation as determined by the City. SP7 PROJECT MANUAL April 21, 2009 RESTORATION OF THE HISTORIC MONTANEZ ADOBE San Juan Capistrano, California Job No.: 2008.11 Is Architecture 5649 La Jolla Blvd, La Jolla, California Telephone: 858-456-8555 $LSON T D®� n 0 1 fl' PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS INTRODUCTORY INFORMATION 0001 01 Title Page 00 01 10 Table of Contents 0001 40 User Guide for the Project Manual PROCUREMENT REQUIREMENTS 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 41 00 Bid Form CONTRACTING REQUIREMENTS 00 53 10 Owner-Contractor Agreement 0061 00 Band Forms 00 62 16 Certificates of insurance Form 00 70 00 General Conditions 00 73 00 Supplementary Conditions 0091 13 Addenda SPECIFICATIONS GROUP GENERA, REQUIREMENTS SUBGROUP DIVISION 01 - GENERAL. REQUIREMENTS 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 26 00 Contract Modification Procedures 01 2900 Payment Procedures 01 31 00 Project Management and Coordination 01 31 50 Information Request Procedure 01 32 14 Progress Schedule 01 3310 Submittals 01 35 16 Alteration Project Procedures 01 4200 References 01 4300 Quality Assurance 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 73 10 Execution Requirements 01 73 29 Cutting and Patching 01 77 00 Closeout Procedures DIVISION 02 - EXISTING CONDITIONS 0241 00 Demolition DIVISION 03 - CONCRETE Not Used DIVISION 04 - MASONRY 04 2424 Adobe Unit Masonry Restoration DIVISION 0 - METALS 05 5000 Metal Fabrications DIVISION 06 -WOOD AND PLASTICS The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 INTRODUCTORY INFORMATION Page 4 Document 00 01 10 -Table of Contents 06 10 00 Rough Carpentry 0620 00 Finish Carpentry DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07 31 29 Wood Shakes 07 92 10 Joint Sealers DIVISION 08 - OPENINGS Not Used DIVISION 09 - FINISHES 0991 00 Painting DIVISION 10 - SPECIALTIES Not Used DIVISION 11 .- EQUIPMENT Not Used DIVISION 12 - FURNISHINGS Not Used DIVISION 13 - SPECIAL CONSTRUCTION Not Used DIVISION 14 - CONVEYING SYSTEMS Not Used DIVISION 15 to 20 NOT USED NIA FACILITY SERVICES SUBGROUP DIVISION 21 - FIRE SUPPRESSION Not Used DIVISION 22 - PLUMBING Not Used DIVISION 23 - HEATING, VENTILATING AND AIR CONDITIONING Not Used DIVISION 24 - NOT USED NIA DIVISION 25 - INTEGRATED AUTOMATION Not Used DIVISION 26 - ELECTRICAL 26 1000 Medium-Voltage Electrical Distribution DIVISION 27 - COMMUNICATIONS Not Used DIVISION 28 - ELECTRONIC SAFETY AND SECURITY Not Used DIVISION 29 to 30 - NOT USED The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 INTRODUCTORY INFORMATION Document 00 01 10 -Table of Contents Page 5 NIA SITE AND INFRASTRUCTURE SUBGROUP DIVISION 31 EARTHWORK 31 2010 Earthwork DIVISION 32 - EXTERIOR IMPROVEMENTS Not Used DIVISION 33 - UTILITIES 33 00 00 Site Utilities DIVISION 34 TO 49 NIA APPENDIX Secretary and Standard Preservation Briefs: No. 5. Preservation of Historic Adobe Buildings. No. 17. Architectural Character Identifying the Visual Aspects of Historic Building as an Aid to Preserving Their Character. No. 19. The repair and Replacement of Historic Wooden Shingle Roofs. x End 00 01 10 The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 �** p� NUA 1.1 SUMMARY: A. GENERAL: This Guide is provided as a basis for understanding the organization and use of this Project Manual. B. DEFINITIONS: 1. Construction Documents: Defined as the written and graphic documents prepared or assembled by the Architect for communicating the design of the project and administering the contract for its construction. These include the Bidding Requirements(Advertisement for Bids, Instructions to Bidders, and Bid Forms) and the Contract Documents. 2. Contract Documents: Defined as the legally enforceable requirements that become part of the contract when the agreement is signed, these include the Contract Forms, Conditions of the Contract, Specifications, Drawings, Addenda, and Contract Modifications. They describe the proposed construction (referred to as the "Work") that results from performing services, furnishing labor, and supplying and incorporating materials and equipment into the construction. 3. Contract Forms: Include the agreement, bonds and certificates. 4. Conditions of the Contract: Define the basic rights, responsibilities, and relationships of the parties involved in the construction process. 5. Specifications: Divided into 50 Divisions, the Specifications define the qualitative requirements for products, materials,and systems and the standards of workmanship required for installation. Division 01 sections constitute the GENERAL REQUIREMENTS necessary for the Project; Divisions 02 through 49 comprise the Technical Specifications portion of the Project Manual, 6, Drawings: Graphic representations of the Work,which show the materials and their relationships to one another, including sizes, shapes, fit, location, and connections. 7. Addenda: Written or graphic documents issued to clarify, revise, add to, or delete information in the original bidding documents or in previous addenda. 8. . Contract Modifications: Written instruments used to add to,delete from or otherwise modify the Work after the construction agreement has been signed. C. DIVISION 01 - GENERAL REQUIREMENTS: Division 01 of the Specifications expands on certain of the broad provisions of the Conditions of the Contract and governs the execution of all Technical Sections of the Specifications. Sections included in Division 01 specify the administrative and procedural requirements, as well as temporary facilities, required for the Project. All requirements stated in Division 01 apply to and will be in force for all subsequent Sections included in Divisions 02 through 49. D. PRODUCT REFERENCES: Specification Section titles follow the latest recommendations of MasterFormat' 2004 Edition published by the Construction Specifications Institute (CSI). The Section titles represent work results and may be stated in the singular or plural without regard to the actual quantity used on the project. The organization of specifications by Section is not meant to define subcontracts or other divisions of work by trades. E. MANUAL FORMAT: 1. General: The first page of each Section appears as a facing(right-hand)page and is graphically defined with very large and boldfaced Section number and title. Succeeding pages of each Section are printed back-to-back,with header in normal-sized boldface type that has the Section number and page number appearing in the upper outside corner of the page. 2. Underlined and Boldface Type: Underlining and bolding have been used in different combinations throughout the Project Manual to highlight headings and significant text. These devices have been used to assist the user in finding items of information or to emphasize the importance of certain information. No other meaning is attached to the use of boldface and underlined text. 3. Dates: The official date of issue of the Project Manual appears on the cover sheet of this Project Manual. Dates subsequent to that date on individual Section pages indicate reissue of entire Sections for clarification. 1.2 DEFINITIONS AND INTERPRETATIONS A. WORDS AND TERMS: Those which are frequently used, with special meanings, in this Project Manual are defined in Section 01 42 00 - REFERENCES. B. GOVERNING DICTIONARY: The definitions of words used in these Specifications, which are not defined in Section 01 42 00-REFERENCES,the General Conditions,or in referenced standards,are as given in "The American Heritage Dictionary of the English Language". The Historic Montanez Adobe ,fob No. 2008.11 IS Architecture April 21, 2009 INTRODUCTORY INFORMATION Page 8 Section 00 01 40 -User Guide for the Project Manual C. SPECIFICATION LANGUAGE: These Specifications are written in the imperative mood,as defined in the Construction Specifications Institute's Manual of Practice. Imperative language is directed to the Contractor. The indicative mood is employed on occasion when such sentence structure is necessary to convey the intended meaning in a more accurate or understandable form. The text is streamlined, with the colon (:) employed as a symbol for the words "shat€ be", "shall have", "shall conform with", "shall comply with", or"shall meet the requirements of". The colon is also used to separate a paragraph title or heading from the text that follows. * End 00 01 40 The Historic Montanez Adobe Job No. 2008.11 1S Architecture April 21, 2009 PROCUREMENT REQUIREMENTS Page 9 IN.a'' ERT O NER R'EQUESTEO BJPQINDOCUMENTS * End Procurement Requirements " The Historic Montanez Adobe Job No. 2008.91 IS Architecture April 21, 2009 CONTRACTING REQUIREMENTS Page 11 GEiERi�L CONL}lTIC�fVS Dc���uer�t. 00:70:00 1. GENERAL: A. SUMMARY: The General Conditions of the Contract for Construction,American Institute of Architects Document A201 - 1997 Edition, is included on the following pages and will be considered as Document 00 70 00 - GENERAL CONDITIONS of this Project Manual. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 � L� IEV1Y �( DIT� Vie # Qa 73 0' 1. GENERAL. A. SUMMARY: I. The following modifies and supplements AIA Document A201-1997, "General Conditions of the Contract for Construction", Articles 1 through 14 inclusive, which is part of this Contract as included herein as Document 00 7000 - GENERAL CONDITIONS. 2. The above named General Conditions are modified as follows. Where any part of the General Conditions is modified or deleted, unaltered provisions shall remain in effect. B. PARAGRAPH 1.2; SUBPARAGRAPH 1.2.3: Add the following sub-subparagraphs: .1 In general, the Drawings will show dimensions, position and kind of construction; and the specifications, qualities and methods.Any work called for in the Drawings and not mentioned in the specifications, or vice versa, shall be performed as though fully set forth in both. Work not particularly detailed, marked, or specified shall be the same as similar parts that are detailed, . marked or specified. .2 in case of conflict between the Drawings and Specifications,the Drawings shall govern in matters of quantity, the Specifications in matters of quality. In case of conflict within the Drawings involving quantities or within the Specifications involving qualities, the greater quantity and the higher quality shall be furnished. .3 Should conflict appear in the Drawings or Specifications,or in the work done by others affecting this work, the Contractor shall notify the Architect at once in writing and the Architect will issue instructions as to procedure. if the Contractor proceeds with the work so affected without instructions from the Architect, Contractor shall make good any resulting damage or defects. .4 The general character of the detaft work is shown on the Contract Drawings. The Architect will. furnish additional details, if necessary, to more fully explain the work, and same shall be considered a part of the Contract. Any work executed before receipt of such details, if not in accordance with same,shall be removed and replaced,or adjusted,as directed,without expense to the Owner. Should any detail submitted later than the Contract Drawings, be in the opinion of the Contractor, more elaborate than the Contract Drawings and the Specifications indicate, written notice thereof shall be given to the Architect within five days of receipt of same.The claim will then be considered, and, if justified, said detail drawings will be amended or the extra work authorized. Non-receipt of such notice shall relieve the Owner of any claim. .5 Where on any Drawings a portion of the work is drawn out and the remainder is indicated in outline, the drawn-out parts shall apply to all other like portions of the Work. Where ornament or other detail is indicated starting only, such detail shall be continued throughout the courses or parts in which it occurs and shall also apply to other similar parts in the Work, unless otherwise indicated. .6 When specified brands or kinds of material are called for, they are mentioned merely as standards and the Contractor has the option of using any other brand of equal quality if approved by the Architect. Any materials named in the Specifications, or which may be substituted, may, if so desired by the Architect, be tested by said Architect at the expense of Contractor. .7 Any material specified by reference to the number, symbol or title of a specified standard such as a Commercial Standard,a Federal Specification,a trade association standard,or other similar standards, shall comply with the requirements in the latest approved revision thereof and any amendments or supplements thereto in effect on the date of Notice to Contractors, except as limited to type, class or grade, or modified in such reference. .8 The standards referred to,except as modified in the Specifications,shall have full force and effect as though printed in these Specifications.These standards are not furnished to bidders, for the reason that the manufacturers and trades involved are assumed to be familiar with their requirements. .9 Where it is required in the Specifications that materials, products, processes, equipment or the like be installed or applied in accordance with manufacturer's instructions, directions, or specifications, it shall be construed to mean that said application or installation shall be in strict accordance with the printed instructions furnished by the manufacturer of the materials considered for use under conditions similar to those at the job site. Copies of such instructions shall be furnished to the Architect in quantities required by Section 01 33 10-SUBMITTALS and Architect's approval thereof obtained before work is begun. Add the following subparagraph: 1.2.4 Sections of Division 01 -General Requirements govern the execution of the work of all sections of the specifications. C. PARAGRAPH 2.2; SUBPARAGRAPH 2.2.2: Add the following sub-subparagraph: 2.2.2.1 Owner will pay for all tests, except re-tests due to defective materials or additional tests required due to substitution of materials. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Divisi®n 00 PROCUREMENT AND CONTRACTING REQUIREMENTS Page 14 Section 00 73 00-Supplementary Conditions D. PARAGRAPH 3.4;SUBPARAGRAPH 3.4.2:Delete this subparagraph in its entiretyand replace with the following: 3.4.2 After the Contract has been executed,the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in Section 01 25 00 - SUBSTITUTION PROCEDURES. By making requests for substitutions, the Contractor: .1 represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; .2 represents thatthe Contractor will provide the same warranty for the substitution that the Contractor would for that specified; .3 certifies that the cask data presented is complete and includes all related costs under this Contract except the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent;and .4 will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. E. PARAGRAPH 3.7;SUBPARAGRAPH 3.7.1: Delete this subparagraph in its entirety and replace with the following: 3.7.1 The Owner will secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. F. PARAGRAPH 3.18; SUBPARAGRAPHS 3.18.1 and 3.18.2: Delete these subparagraphs in their entirety and replace with the following: 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Owner, Architect, Architect's consultants, and agents and employees or any of them from all claims, demands, or liability arising out of or encountered in connection with this Agreement or the prosecution of work under it,whethersuch claims, demands,or liability are caused by the Contractor,the Contractor's agents or employees, or subcontractors employed on the project, their agents or employees, or products installed on the project by the Contractor or subcontractors, excepting only such injury or harm as may be caused solely and exclusively by the fault or negligence of the Owner, the Architect,the Architect's consultants,or agents and employees of any of them. Such indemnity shall extend to claims, demands or liability for injuries occurring after completion of the project as well as during the progress of the Work. G. PARAGRAPH 4.5: Add the following subparagraph: 4.5.4 The Owner and Contractor agree to mediate any and all disputes or claims between them arising out of this Agreement or any resulting transaction where the amount in controversy reasonably appears to be less than fifty thousand dollars($50,000.00)before resorting to (binding arbitration or) any court action. Mediation fees, if any, shall be divided equally among the parties involved. The parties agree to limit the admissibility in any civil action of anything said any admission made, and any documents prepared, during the course of the mediation,consistentwith Evidence Code 1152.5 and shall sign documents to this effect if requested. If any party commences a court action based on a dispute or claim to which this paragraph applies without first attempting to resolve the matter through mediation, then in the discretion of the judge, that party shall not be entitled to recover attorney's fees even if they would otherwise be available to that party in any such court action. However, the filing of a judicial notice of action to enable the recording of a notice of pending action, for order of attachment, receivership, or injunction,shall not itself con-stitute a loss of the right to recover attorney's fees under this provision. The following matters are excluded from the requirement of mediation hereunder: (a) a judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code 2985, (b) an unlawful detainer action, and (c) any matter which is within the jurisdiction of a probate court. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 PROCUREMENT AND CONTRACTING REQUIREMENTS ®ivislon 00 Section 00 73 00 -Supplementary Conditions Page 15 H. PARAGRAPH 7.3; SUBPARAGRAPHS 7.3.3 and 7.3.6:Delete these subparagraphs in their entirety and replace with the following: 7.3,6 If the Contractor does not respond within 10 calendar days,or disagrees with the method for adjustment in the Contract Sum,the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those perform Ing the W ork attributed to the change,including,in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case,the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. If the Owner and Contractor do not agree with the adjustment in Contract Time or the method fordetermining it,the adjustmentorthe method shall be referred tothe Architect for determination. The cost or credit to the Owner resulting from a change in the work shall be determined in one or more of the following ways: 1. By mutual acceptance of a lump sum amount, properly itemized and substantiated. 2. By unit prices stated in the Contract Documents or subsequently agreed upon. 3. By actual cost and a mutually acceptable fixed or percentage fee. 4. If none of the preceding methods is agreed upon then the total cost of such work shall be based on the Contractor's expenditure or savings and a percentage for overhead and profit. EXTRA CREDIT (a) Material (attach itemized quantity and unit cost plus sales tax) and equipment. _____ _ (b) Labor(attach itemized hours & rates). _____ (c) Subtotal: (d) Subcontractor's overhead and profit, not to exceed 15% of Line (c). (e) Subtotal: (f) General Contractor's overhead, profit and bond premium, insurance and supervision not to exceed 15% of Line (e). (g) Total: (h) Number of additional days time extension requested due to this change: If the Contractor should claim that any instruction, request, drawing, specification, action, conditions, omission, default or other situation including a Change Order, obligates the Owner to pay additional compensation to the Contractor or to grant an extension of time for the completion of the Contract, or constitutes a waiver of any provision in the Contract, Contractor shall notify the Owner, in writing,of such claim within 20 days from the date Contractor has actual or constructive notice of the factual basis supporting the claim.The Contracto'r's failure to notifythe Owner within such 20-day period shall be deemed a waiver and relinquishment of the claim against the Owner. If such notice be given within the specified time, the procedure for its consideration shall be as stated hereinbefore. I. PARAGRAPH 9.3: Add the following subparagraph: 9.3A Payments to the Contractor on account of the Contract shall be made according to the following schedule: 1. The first request for payment shall be made not less than fifteen (15)nor more than forty-five (45) days after commencing work and shall be for a sum equal to ninety percent(90%) of the value of the Work completed since the commencement of the work.Thereafter requests shall be made every thirty(30)days and upon substantial completion, shall be accompanied by lien releases sufficient to cover all previously released payments and certified payroll reports for the current period, and shall be The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 00 PROCUREMENT AND CONTRACTING REQUIREMENTS Page 16 Section 00 73 00 -Supplementary Conditions for a sum equal to ninety percent(90%)of the value of the Work completed less all previous payments. It is understood that, if payment requests are made in accordance with the established time schedule and are accompanied by all required documentation, payments will be processed within thirty (30)days. 2, The final payment of retainage and any other held funds, if unencumbered, or any part thereof,shall be made not less than thirty-five(35)days nor more than sixty(60) days after the filing of the Notice of Completion and the Architect's certification of final payment. J. PARAGRAPH 11.1: Add the following to Sub-subparagraph 11.1.2.1: Contractor shall maintain State Worker's Compensation and Employer's Liability in amounts of not less than One Million Dollars($1,000,000)each accident;One Million Dollars ($1,000,000)Disease, Policy Limit; One Million Dollars ($1,000,000) Disease, Each Employee, Contractor shall maintain policies of general habifity insurance (including Premises-Operations; Independent Contractors' Protective; Products and Completed Operations and Broad Form Property Damage)for bodily injury and property damage in an amount not less than One Million Dollars($1,000,000)each occurrence. Property Damage Liability Insurance shall include coverage for the following hazards:X (Explosion); C (Collapse)and U (Underground), Contractual Liability(Hold Harmless Coverage)for bodily injury and property damage shall be in an amount not less than One Million Dollars ($1,000,000) each occurrence. Personal Injury shall be in an amount not less than One Million Dollars ($1,000,000). If the General Liability policy includes a General Aggregate,such General Aggregate shall be not less than One Million Dollars ($1,000,000). Contractor shall maintain automobile liability insurance covering owned, non-owned and hired automobiles in an amount not less than One Million Dollars ($1,000,000) combined single limit, All policies shall contain a provision requiring thirty (30) days written notice to be given to Owner prior to cancellation, modification, of reduction of limits. Cancellation or reductions in coverage below that required by these documents shall be considered grounds for termination of the Contract. Owner may waive or modify any insurance or bonding requirements at the Owner's sole discretion. End Contracting Requirements " The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 01 - GENERAL REQUIREMENT Page 17 ec AR 1h 1. GENERAL: A. THE PROJECT: The name of the Project is Restoration of the Historic Montanez Adobe. The project site is located onLos Rios Street in San Juan Capistrano, California. B. RESPONSIBLE PARTIES: Construction of this Project is governed by the agreement between the Owner and the Contractor. Statements in the specifications are directed to this contractor, who has overall responsibility for the subcontractors. C. WORK COVERED BY THE CONTRACT DOCUMENTS: .1. General: Under a single contract construct restoration of historic adobe in conformance with Drawings and Specifications prepared by IS Architecture, La Jolla, California, and bound herewith. D. REQUIREMENTS: 1. Requirements for Sequencing or Scheduling: a. General: Begin work as identified in the GENERAL CONDITIONS, proceed as shown in the Progress Schedule as required under Section 01 32 14 - PROGRESS SCHEDULE, and complete work within the limits designated in the OWNER-CONTRACTOR AGREEMENT. b. Schedule of Work: Coordinate work to accommodate the Owner's operations and use of premises during construction period; coordinate construction schedule and operations with Owner's Representative; indicate all special requirements in the Progress Schedule as specified. 2. PRODUCTS: A. HAZARDOUS MATERIALS: 1. General• No asbestos or products containing asbestos have been knowingly specified for this Project. 2. Notification: If materials containing asbestos are brought to the site for use or installation in the Work; or if such materials are encountered in existing work upon which new work is being performed, notify the Architect immediately so that appropriate action may be taken. 3. Certification: A statement certifying that no new materials containing asbestos have been included in the Work is required at the completion of the Project. 3. EXECUTION: A. CONTRACTOR'S USE OF PREMISES: 1. General: Confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents; do not unreasonably encumber the site with materials or equipment. 2. Access to Site: Roads for access to and from building site,loading areas and parking space shall be as indicated. Confine traffic and materials delivery to these roads and locations. 3, Storage: Contractor is responsible for protection and safekeeping of products stored on the site. Specific areas for storage of materials and site fabrication shall be as indicated by the Architect. B. PROTECTION: Erect temporary barricades, warning signs and substantial handrails to protect persons in and around the work areas and observe safety precautions. Conform to applicable OSHA rules and regulations and State Safety Regulations and Orders. SUBSTITUTION PROCEDURES section a1 25 '00 1. GENERAL: A. SUMMARY:This Section includes administrative and procedural requirements for handling requests for substitutions. 1. Definitions: a. General: Definitions in this Article do not change or modify the meaning of other terms used in the Contract Documents. b. Substitutions: Changes in products, materials, equipment, and methods of construction The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS. Page 18 Section 01 25.00 -Substitution Procedures required by the Contract Documents that are proposed by the Contractor after award of the Contract are considered to be requests for substitutions. B. PRODUCT OPTIONS: Refer to Section 01 60 00 - PRODUCT REQUIREMENTS, C. SUBMITTALS: 1. Products List: Include products forwhich Contractor proposes a substitution in the Products List submitted under Section 01 60 00 - PRODUCT REQUIREMENTS. 2. Substitutions: a. General: For any request for "accepted equal" or substitution, submit seven (7) copies of completed and signed Substitution Request(form included at the end of this Section.) with required substantiating data. b. Substantiating Data: 1. Required Information: Provide product identification;manufacturer's name and address; manufacturer's literature including product description, performance and test data and all reference standards; samples; and name and address of similar projects using the product, including dates of installation and names of Architect and Owner. 2. Data Comparison: Submit a side-by-side,item-by-item comparison of all characteristics of the specified product and the proposed product. 3. Construction Schedule: Provide statement of effect of substitution on construction schedule. 4. Cost Comparison: Submit cost data comparing proposed substitution with specified product and amount of net change to Contract Sum. 3, Architect's Action: if necessary,theArchitectwill request additional information or documentation for evaluation within one(1)week of receipt of a request for substitution. The Architect will notify the Contractor of acceptance or rejection of the substitution within two(2)weeks of receipt of the request,or one(1)week of receipt of additional information or documentation,whichever is later. Acceptance will be in the form of a Change Order. 4. Distribution: a. General: Accepted substitution requests will be distributed as follows: 1. Architect: One (1) copy. 2. Owner: One (1) copy. 3. Contractor: Five (5) copies. D. COORDINATION: Architect's acceptance of product as"equal"or as a substitution does not relieve Contractor from responsibility for compliance with requirements of any portion of Contract Documents; Contractor shall be responsible, at Contractor's own expense,for any changes in other parts of the Work which may be caused by such substitution. 2. PRODUCTS: NOT USED 3. EXECUTION: The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 SUBSTITUTION REQUEST FORM TO: IS Architecture PROJECT: The Historic Montanez Adobe, San Juan Capistrano, California SPECIFIED ITEM: Section No.: Page No.: Paragraph No.: Description: Reason for Request: The undersigned requests consideration of the following: PROPOSED SUBSTITUTION: Attached data includes product description, specifications, drawings, photographs, performance and test data required for evaluation of request; applicable portions of data are clearly identified. Attached data also includes a description of changes to Contract Documents which proposed substitution will require for its proper installation. The undersigned certifies that the following paragraphs, unless modified by attachments, are correct: 1. The proposed substitution does not affect dimensions shown on drawings. 2. The undersigned will pay for changes to the building design, including engineering design, detailing, and construction costs caused by the requested substitution. 3. The proposed substitution will have no adverse affect on other trades, the construction schedule, or specified warranty requirements. 4. Maintenance and service parts will be readily available for the proposed substitution. The undersigned further states that the function, appearance, and quality of the proposed substitution are equivalent or superior to the specified item. Submitted by: For use by Architect: Signature: ] Accepted. ] Not Accepted. Contractor: ] Accepted as noted. ] Received too late. Address. By: Date: Telephone: Date: Attachments: Remarks: [ TIT 1[ t]IF1A ' W SW MO... 4 1. GENERAL: A. DESCRIPTION: Requirements for documentation of changes in the Work, as defined in the GENERAL CONDITIONS and SUPPLEMENTARY CONDITIONS. B, CHANGE PROCEDURES: 1, Authorized Agent: Submit to Architect the name of the individual authorized to receive change documents and be responsible for informing others in Contractor's employer Subcontractors of changes to the Work. 2. Proposal Request: Architect may issue a Proposal Request on AIA Document G709-Proposal Request,which includes a detailed description of a proposed change in the Work.Contractor will prepare and submit an estimate within ten (10) days. 3, Request for Change: Contractor may propose a change by submitting a written request to the Architect, describing the proposed change and its full effect on the Work; include a statement describing the reason for the change, the effect on the Contract Sum/Price and Contract Time with full documentation, and a statement describing the effect on work by separate or other contractors, Document any requested substitutions in accordance with Section 01 25 00 - SUBSTITUTION PROCEDURES. C. CHANGE ORDERS: 1. Format: Issued by Architect to order changes to the work which involve a change in Contract Price and/or Contract Time,on AIA Document 6701 -Change Order,signed by Architect, Owner and Contractor. 2. Documentation of Change in Contract Price And/or Contract Time: a. General; Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. b. Quotation Breakdown: Itemize each quotation fora change in costor time in sufficient detail to allow evaluation of the quotation. As a minimum, itemize separately each significant material and equipment purchase and the work of each trade and subcontractor. c. Supporting Data: 1, Costs: Separate costs for products, labor, equipment, and subcontractor quotations. 2. Quantities: Products, labor, and equipment. 3. Taxes, Insurance and Bonds: As required, 4. Overhead and Profit: As required. 5. Justification: Change in Contract Time. 6. Credit: For deletions from Contract, similarly documented. 7. Additional Data: On request, as required to support computations. d, Claim for Additional Costs: 1. General: Support each claim for additional costs, and for work done on a time and material basis, with the following additional information: 2. Origin and Date of Claim: State name and originator and date. 3. Dates and Times: When work was performed and by whom. 4. Time Records and Wage Rates: As recorded and paid. 5. Invoices and Receipts: For products, equipment, and subcontracts, similarly documented. 3. Execution of Change Orders: Architect will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. D. CONSTRUCTION CHANGE DIRECTIVE: Issued by Architect on AIA Document G714 - Construction Change Directive; signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusions in a Change Order. The document will describe changes in the Work, and will designate method of determining any change in Contract Price or Contract Time. Promptly execute the change in Work. E, ARCHITECT'S SUPPLEMENTAL INSTRUCTIONS : Issued by Architect on AIA Document G710- Architect's Supplemental Instructions to provide supplemental instructions, interpretations, or order minor changes in the Work not involving an adjustment to Contract Price or Contract Time. 2. PRODUCTS: A. TYPES OF CHANGE ORDERS: 1. Stipulated Price Change Order: Based on Proposal Request and Contractor's maximum price quotation or Contractor's request for a Change Order approved by Architect. 2. Unit Price Change Order: a. General: For unit costs or quantities of units of work which are not pre-determined, execute Work under a Construction Change Directive. b, Pre-determined Unit Prices and Quantities: Change Order will be executed on a fixed unit The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GENERAL REQUIREMENTS Division 01 Section 01 29 00 -Payment Procedures Fuge 21 price basis. c. Changes in Contract Price or Contract Time: Computed as specified for Time and Material Change Order. 3. Time and Material Change Order: Submit itemized account and supporting data aftercompletion of change,within time limits indicated in the Conditions of the Contract. Architect will determine the change allowable in Contract Price andlor Contract Time as provided in the Contract Documents. Maintain detailed records of work done on time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 3. EXECUTION: A. CORRELATION OF CONTRACTOR SUBMITTALS: 1. General: Promptly revise Schedule of Values and.Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum/Price. 2, Progress Schedule: Promptly revise progress schedules to reflect any change in Contract Time, revise sub-schedules to adjust time for other items of work affected by the change,and resubmit. 3. Record Documents: Record authorized changes in Project Record Documents. PA1r�lIENT PFtG1 EC3 R on 0 29 0 '' 1. GENERAL: A. SCHEDULE OF VALUES: 1. Description: Submit to the Architect two (2) copies of Schedule of Values at least ten (10) days prior to submitting first Application for Payment. Schedule of Values will be used as basis for, and review of, Contractor's Applications for Payment. 2. Substantiation: Upon request by the Architect, support values given with data that will substantiate their correctness. 3. Quantities: Submit quantities of designated materials, if applicable. 4. Payment for materials: Materials stored on or off site will be limited to those materials listed in Schedule of Unit Material Values. B. PROGRESS PAYMENTS: Submit applications for payment to the Architect in accordance with the schedule established by the OWNER-CONTRACTOR AGREEMENT and the GENERAL CONDITIONS. 2. PRODUCTS: A. FORM OF SUBMITTAL FOR SCHEDULE OF VALUES: 1. General: Submit typed schedule on AIA Document G703 - Application and Certificate for Payment Continuation Sheet. Contractor's standard form of electronic media printout will be considered as an alternative. 2. Format:"Use the Table of Contents of this Project Manual as the basis for format for listing costs of work specified in Divisions 02 through 49. B. FORM OF SUBMITTAL FOR APPLICATIONS FOR PAYMENT: 1. General: Prepare itemized applications typed on AIA Document G702 - Application and Certificate for Payment and Continuation Sheet AIA Document G703. 2. Format: Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. 3. Change Orders: List each authorized Change Order as an extension on AIA G703-Continuation Sheet, listing Change Order number and dollar amount as for an original item of work. 4. Mechanics Lien Guarantee: Provide guarantee of Den releases sufficient to cover previously released payments. 5. Final Payment: Prepare Application for Final Payment as specified in Section 01 77 00 - CLOSEOUT PROCEDURES. 3. EXECUTION: A. PREPARATION OF SCHEDULE OF VALUES: 1. Line items: identify each line item with the number and title of its specification section. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS Page 22 Section 01 31 00 -Project Management and Coordination 2. Installed Costs: a. General: Break down installed costs into the delivered cost of product,with taxes paid, and the total installed cost, with overhead and profit. b. Installed Values: For each line item which has an installed value of more than $10,000, break down the costs to list major products or operations under each item. c. Figures: Round off to the nearest dollar. d. Sum: Make the sum of total costs of all items listed in the schedules equal to the total Contract Sum. 3. General Cost Items: Itemize separate line item costs for each of the following: a. Performance and payment bonds. b. Field supervision and layout. c. Scheduling. d_ Temporary facilities and controls. B. PREPARING SCHEDULE OF UNIT MATERIAL VALUES: 1. Stored Materials: Submit a separate schedule of unit prices for materials to be stored on which progress payments will be made. 2. Identification: Make the form of submittal parallel to the Schedule of Values,with each line item identified the same as the line item in the Schedule of Values. 3, Unit Prices: Include in the unit prices only the cost of material,delivery and unloading at site, and sales taxes. 4. Cost: Make sure thatte unit prices multiplied by quantities are given an equal material cost of that item in the Schedule of Values. C. REVIEW AND RESUBMITTAL OF SCHEDULE OF VALUES:.After review by the Architect, revise and resubmit the schedule(and the Schedule of Unit Material Values)as required. Revise schedule to list approved Change Orders, with each Application for Payment. D. PROCEDURE FOR PROGRESS PAYMENTS: 1. Required Copies: Submit three (3) notarized copies of each Application for Payment. 2. Payment Period: Submit at intervals stipulated in the OWNER-CONTRACTOR AGREEMENT, PROJECT. 1. GENERAL: A. SUMMARY: Coordinate scheduling, submittals, and Work of the various sections of these Specifications to assure the efficient and orderly sequence of installation of each part of the Work. Coordinate construction operations included under different sections that depend on each other for proper installation, connection, and operation. B. SUBMITTALS: 1. General: Within seven (7) calendar days of receipt of Notice to Proceed, submit a list of the Contractor's principal staff assignments, including the superintendent and other key personnel in attendance at the Project Site. Identify each individual by name,title,and provide a description of their duties and responsibilities. Update list within seven (7) calendar days of any staff change. 2. Communications: Submit written procedures for Project communications including submittals, reports and records,schedules,coordination drawings,and recommendations. Communications between the Owner, Contractor and Inspector shall be through the Architect. 3. Coordination Drawings: Submit as required under Section 01 33 10 - SUBMITTALS. Prepare where careful coordination is required for installation of products and materials fabricated by separate entities and/or where limited space availability requires maximum utilization of space for efficient installation of different components. Show the relationship of components and required installation sequences. C. SCHEDULING: 1. General: Refer to Section 01 32 14 - PROGRESS SCHEDULE. 2. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures such as preparation of schedules, installation and removal of temporary facilities, delivery and processing of submittals, progress meetings, and Project closeout activities, with other construction activities to avoid conflicts and assure orderly progress of the Work. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GENERAL REQUIREMENTS Division 01 Section 01 31 50 -information Request Procedure Page 23 D. MEETINGS: 1. General: Schedule and administer meetings throughout progress of the Work at biweekly intervals. 2. Duties:Schedule meetings,prepare agenda with copies for participants,preside at meetings,and distribute copies of minutes within two(2)days of receipt from the Owner's Representative to the participants and those affected by decisions made. 3. Attendance Required: Job superintendent,major subcontractors and suppliers,and the Architect, as appropriate to agenda topics for each meeting. 4. Agenda: Include review of minutes of previous meeting; review of Work progress; field observations; problems and decisions; review of submittals schedule and status of submittals; review of off-site fabrication and delivery schedules; maintenance of progress schedule; corrective measures to regain projected schedules;planned progress for succeeding work period; projected progress of coordination;maintenance of quality of work standards;effect of proposed changes on progress schedule and coordination; other business relating to Work. E. CONSTRUCTION MOBILIZATION:Coordinatethe useofthe site and facilities. Allocate mobilization areas of site; allow for field offices and sheds, access, traffic, and parking facilities. 2. PRODUCTS: A. MATERIALS: Refer to Section 01 60 00 - PRODUCT REQUIREMENTS. 3. EXECUTION: A. PERFORMANCE: Refer to Section 01 73 10 - EXECUTION REQUIREMENTS. INFORMATION REQUEST PFS®CEQURIE ��c�i�n 01 31 :50 : 1. GENERAL: A. DESCRIPTION: Submit request for information, interpretation and/or clarification to the Architect promptly upon identification of need, and in reasonable time so as not to affect the progress of the Work. B. SUBMISSION PROCEDURES: 1. General: Request for information beyond that set forth in the Contract Documents will be considered only when the request is in writing and fully documented. 2. Time: Identify and submit requests for information in a timely manner. 3. Pre-submission Review: Before submitting request to the Architect, Contractor shall conduct a review to determine thatthe information requested,including items submitted by subcontractors or suppliers, is not shown in the Contract Documents, 4. Category of Request: a. General: Submit requests for information when one or more of the following conditions occur: b. Need for Clarification: When information shown or indicated in the Contract Documents is unclear in its intent. c. Unforeseen Condition: Discovery of unforeseen condition or circumstance that is not shown or indicated in the Contract Documents. d. Conflict Within Documents: Discovery of an apparent inconsistency,conflict or discrepancy between different portions of the Contract Documents,where the intent cannot be reasonably inferred from information shown or indicated. e. Omission: Discovery of what appears to be an omission in the Contract Documents, where the intent cannot be reasonably inferred from information shown or indicated. f. Coordination Problem: Discoveryof unforeseen condition in coordinating placementof work that is specifically related to the Contract Documents. 5. Unacceptable Requests: a. General: Do notsubmit requests for information for confirmation of anyaction alreadytaken byte Contractor. Requests will notbe accepted that imply confirmation of any unauthorized change to the Work. b. Untimely Submission: A request for information that is submitted in a belated manner without proper coordination and scheduling of the Work of related subcontractors will not be reviewed and will be returned to the Contractor. The Historic Montanez Adobe Job No. 200$.11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS Page 2.4 Section 01 31 50 - Information Request Procedure c. Submittal: A request for information that is included as part of a submittal will not be processed; see Section 01 33 10 - SUBMITTALS. d. Substitution: A request for information that is a request for substitution will not be processed; see Section 01 25 00 - SUBSTITUTION PROCEDURES. e. Exclusionary Submission: A request that implies that specific portions of the work are assumed to be excluded or considering a separate portion of the Contract Documents in part rather than as a whole will not be processed. 6. Log: Contractor shall prepare and maintain the official tog of requests for information. Review status of log at each job progress meeting. 2; PRODUCTS: A. SUBMISSION REQUIREMENTS: 1. Request for Information (RFI) Form: a. General: Provide a completed and legible copy of the RFI Form included at the end of this Section with each submittal. b. RFI Number: Identify RFIs sequentially starting from number one (1); number re- submissions with same number as original and add letter designation A., B.,C., etc.,in order submitted, until resofution is achieved. c. Contractor: Provide company name and mailing address with signature of contact person responsible for work on this Project, certifying to review of RFI. d. Subcontractor and/or Supplier: Provide company name,mailing address,telephone number and name of contact person responsible for work on this Project. e. RFI Description: 1, General: Describe subject of RFI completely. 2. Specifications References: Identify specification section number and paragraph number under consideration. 3. drawing References: Identify specific drawing number and/or detail number under consideration. 4. Attachments: Identify as required, to support description. f. Contractor's Proposed Resolution: 1. General: Describe suggested resolution; support with attachments as required. 2. Cost Impact: Indicate impact on costs; explain Contractor's original basis for bid and, based on the current request, reason that additional costs should be considered. 3. Time impact: Indicate effecton schedule;explain Contractor's original basis for bid and, based on the current request, why a time extension should be considered. 3. EXECUTION: A. ARCHITECT'S RESPONSE: 1. General: Architect will respond on the RF( Form and include attachments,as referenced. Verbal and FAX responses to such requests are to be considered informational;official written response will only be given on original RFI Form. 2, Architect's Review: a. General. Allow fourteen(14)calendar days after receipt. If more than ten(10)requests are received within one (1) calendar week, the Architect will specifically schedule and extend response time as required to accomplish the reviews. , Prioritization: If more than five (5) requests have been received by the Architect, the Contractor shall identify the order of requests most critical to the schedule of the Project. B. DISTRIBUTION: 1, General: Submit two(2)original, signed copies. One (1)will be retained by Architect, the other will be returned with the official response,to the Contractor—The original copy with wet signatures and identified attachments, or an electronic copy with verified electronic signature will be considered official. 2. Consultants: The Architect will distribute copies of requests for information to project consultants, as required for their participation. Direct communication and response between project consultants and Contractor will be considered informational only. 3. Response: The Contractor will make and distribute copies of the official response to subcontractors and suppliers, as required. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 REQUEST FOR INFORMATION PROJECT NAME: THE HISTORIC MONTANEZ ADOBE JOB NO, 2008.11 SAN JUAN CAPISTRANO, CALIFORNIA RFI NO. TO: IS ARCHITECTURE FROM: 5649 LA JOLLA BOULEVARD LA JOLLA, CALIFORNIA 92037 SUBJECT: CATEGORY: ❑ NEED FOR CLARIFICATION ❑ OMISSION ❑ UNFORESEEN CONDITION ❑ COORDINATION PROBLEM ❑ CONFLICT WITHIN DOCUMENTS ❑ OTHER SPEC, SECTION PARAGRAPH NO. DRAWING NO, DETAIL NO. DESCRIPTION: CONTRACTOR'S PROPOSED RESOLUTION: ❑ ATTACHMENTS: ❑ COST IMPACT: $ EST. ❑ TIME IMPACT: EST. CONTRACTOR DATE: SIGNATURE: RESPONSE: ❑ ATTACHMENTS: ARCHITECT DATE: SIGNATURE: Division 01 GENERAL REQUIREMENTS Page 26 Section 01 32 14 -Progress Schedule 1P � F E � SCHE13tJLE Se t b 01 32 14 . 1, GENERAL.: A. DESCRIPTION: Within fifteen (15) days after award of the Contract, submit to the Architect estimated construction progress schedules for the Work, with subschedules of related activities essential to its progress. Submit revised progress schedules periodically. B. PREPARATION: 1. Format: Prepare Schedule as a horizontal bar chart with separate bar far each major portion of Work or operation, identifying first work day of each week. 2. Sequence of Listings: The chronological order of the start of each item of Work. 3. Scale and Spacing: To provide space for notations and revisions. 4. Sheet Size: Appropriate to the size of the project, in multiples of 8-112 x 11 inches. 2. PRODUCTS: A. CONTENT: 1, General: Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. 2. Phases: Identify work of separate stages and other logically grouped activities. Provide sub-schedules for each stage of Work identified in Section 01 11 00 - SUMMARY OF WORK. Provide sub-schedules to define critical portions of the entire Schedule. 3. Items of Work: Identify each item by specification section number. 4. Percentage of Completion: Show accumulated percentage of completion of each item,and total percentage of Work completed, as of the first day of each month, 5. Scheduled Submittals: Provide separate schedule of submittal dates for shop drawings,product data, and samples, and dates reviewed submittals will be required from Architect. Indicate decision date for setection of finishes. 6. Schedule of Values: Coordinate content with Schedule of Values specified in Section 01 29 00- PAYMENT PROCEDURES. B. REVISIONS TO SCHEDULES: 1. General: Indicate progress of each activity to date of submittal, and projected completion date of each activity. 2. Revisions: Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 3. Reports.: Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 3, EXECUTION: A. SUBMISSIONS: 1. General: After review of initial Schedule, resubmit required revised data within ten (10) days. 2. Revised Schedules: Submit revised Progress Schedules with each Application for Payment. Provide the number of copies required by Contractor, plus two (2)copies which will be retained by Architect. 3. Distribution: Distribute copies of reviewed Schedules to project site file, subcontractors, suppliers,and other concerned parties. Instruct recipients to promptly report,in writing,problems anticipated by projections indicated in Schedules. SUBMITTALS Section 0133 10 1. GENERAL.: A. DESCRIPTION: Submit certifications, shop drawings, product data/material lists, manufacturer's instructions, and samples to the Architect for review as required. B. RELATED REQUIREMENTS SPECIFIED ELSEWHERE: 1, General: Specific submittal requirements are identified in the individual Sections of these specifications. 2. Product Substitution Procedures: Section 012500- SUBSTITUTION PROCEDURES;products The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GENERAL REQUIREMENTS Division 01 Section 01 33 10 -Submittals Page 27 lists and substitution requests. 3. Schedule of Values: Section 01 29 00 - PAYMENT PROCEDURES. 4. Requests for Information (RFI): Section 01 31 50 - INFORMATION REQUEST PROCEDURE. 5, Progress Schedule: Section 01 32 14 - PROGRESS SCHEDULE. B. Testing Laboratory Services: Section 01 45 23-TESTING AND INSPECTION SERVICES;test reports. 7. Closeout Procedures: Section 01 77 00 - CLOSEOUT PROCEDURES; operating and maintenance manuals, record drawings, and guarantees. C. SUBMISSION PROCEDURES: 1. General: Schedule submissions a minimum three (3)weeks before required for use. 2. Submittal Requirements: a. General: Conform to specified procedures in submission of required submittals. b. Specified Products and Alternate Manufacturers: Products of specified manufacturers and named acceptable alternate manufacturers require submission of listed submittals. c. "Accepted Equals" and Substitutions: See Section 01 25 00 - SUBSTITUTION PROCEDURES; requests for acceptance of products as "equal" or as substitution shall include listed submittals for subject products, requirements of the Substitution Request,and be submitted within the time frames specified in Section 01 25 00 - SUBSTITUTION PROCEDURES. 3. Submissions: a. General: After issuance of Notice to Proceed make submissions no later than the following number of days, unless specified otherwise in individual specification Section. b. Early Start and/or Long Lead-Time Items: 30 calendar days. c. Color Selection Items: 30 calendar days. d. All Other Items: 90 calendar days. D. SUBMISSION REQUIREMENTS: 1. Cover Sheet: a. General: Provide a completed copy of the Submittal Cover Sheet included at the end of this Section with each submittal. Complete identified areas of the form as follows: b. Submittal Number: Identify first submittal as number one (1); number re-submittals, if required, with succeeding numbers. V c. Specification Section: Identify submitted work with section number shown in the Project Manual. Provide separate submittals for each specification section, as required. d. Contractor: Provide company name and mailing address with signature of contact person responsible for work on this project, certifying to review of submittal, verifications of field requirements and compliance with Contract Documents. e. Subcontractor: Provide company name, mailing address, telephone number and name of contact person responsible for work on this project. f. Submittal Description: 1. General: Describe contents of submittal completely; identify if material is a resubmittal, and give previous submittal number. 2. Submittal Index: List items included in submittal; properly cross reference to Contract Documents. 2. Identification of Submittals: a. Date: Submission date and revision dates. b. Project: Project game and number; names of Architect, Contractor, and Subcontractor as shown on Submittal Cover Sheet. e. Product or Material: Name of manufacturer, product name or model number, and supplier. d. Contractor's Stamp: Initialed or signed, certifying to review of submittal, verification of field requirements and compliance with contract documents. 3. Number of Copies Required: a. Certifications: One (1) copy. b. Shop Drawings: One (1)electronic copy and two (2) prints of each original drawing. c. Product Data/Material Lists: Seven (7)copies. d. Manufacturer's Instructions: Seven (7) copies. e. Samples: 1. General: As identified in individual specification section. 2. Color/Pattern Selection: One set of manufacturer's complete range for initial selection; additional samples as requested of selected coloripattern for final color schedule. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS Page 28 Section 01 33'10 -Submittals E. SUBMITTALS: 1. Shop [Drawings: a. General. Subm it manufacture and installation details,including fastenings,for review. Make drawings legible and complete in every respect. Show relationship to adjacent structure or material; clearly identify all field dimensions. b. Variations; If shop drawings show variations from Contract requirements because of standard shop practice or other reason, specifically note such variations in letter of transmittal, as well as on drawings. c. Distribution: t. General: Reviewed shop drawings will be returned to Contractor for subsequent action, as required. Prints will be distributed as follows: 2. No Resubmittal Required: a) General: One (1)copy returned to Contractor. b) Architect: One (1)copy retained. c) Resubmittal Required: Copy retained by Architect; one (1) copy forwarded to Contractor. Make corrections to original drawings and send new set of electronic copies to Architect for review. Secure final review prior to commencing work. 2. Product Datalmaterial Lists: a. Manufacturer's Standard Schematic Drawings: 1. General: Provide standard drawings; delete information not applicable to Project. 2, Additional Information: Supplement standard information as required for Project. b. Product Data: 1. General: Provide manufacturer's catalog sheets; brochures, diagrams, schedules, performance charts, illustrations and other standard descriptive data. 2. Identification: Clearly mark each copy; identify required materials, products or models. 3. Required Information: Provide dimensions and clearances required; performance characteristics and capacities; and diagrams of equipment and controls. c. Distribution: 1. General. Reviewed product data will be returned to Contractor for subsequent action, as required. Copies will be distributed as follows: 2. No Resubmittal Required: a) General: Five (5) copies returned to Contractor. b) Architect: One (1)copy retained. d. Resubmittal Required: Copy retained by Architect;remaining copies forwarded to Contractor. Make corrections as required and resubmit to Architect far review. Secure final review prior to commencing work. 3. Manufacturer's Instructions: a. General: Submit most recent applicable printed instructions for delivery,storage,assembly, installation, start-up, adjusting, and finishing of the subject material, as provided by the manufacturer for use under conditions similar to those of this Project. b. Distribution: .1. General: Reviewed manufacturer's instructions will be returned to Contractor for subsequent action, as required. Copies will be distributed as follows: 2. No Resubmittal Required: a) General: Five (5) copies returned to Contractor. b) Architect: One (1) copy retained. 3. Resubmittal Required: Copy retained by Architect; remaining copies forwarded to Contractor. Make corrections as required and resubmit to Architect for review. Secure final review prior to commencing work. 4. Samples: a. General: Submit samples to illustrate functional and aesthetic characteristics of product,with integral parts and attachment devices. b. Finishes: Submit manufacturer's full range of standard colors, patterns and textures. c. Office Samples: Provide in sufficient size and quantity to clearly illustrate product. d. Field Samples and Mock-Ups: Erect at project site at location acceptable to Architect. Construct each sample or mockup complete, including work of trades required in finished work. After review, samples may be used in construction of project, as specified. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GENERAL REQUIREMENTS Division 01 Section 01 33 10 -Submittals Page 29 F. SUBM3TTAL REVIEW: 1. General: Make submittals as required to cause no delay in the orderly progress of work, layout or fabrication under Contract, due allowance being made for checking by the Architect and for such corrections, resubmission and rechecking as may be necessary. Do not commence work requiring submittals until review by Architect has been completed. 2. Review: Architect's review will be for general conformance with the Contract Documents. Review does not relieve Contractor from responsibility for coordinating work of various trades and compliance with requirements of Contract Documents for lengths, fit and other details, or from furnishing materials and work required by contract which may not be indicated on submittals when reviewed. Review does not authorize changes from Contract requirements. Efforts will be made by Architect to identify errors and omissions,but General Contractor is responsible for the accuracy and correctness of submittals. 3. Color Selections: Architect will make no color selections until ail submittals related to color have been received and materials reviewed. G. CERTIFICATIONS: 1. General: Where specifically indicated by individual sections, submit certification of recognized producer or association. 2. Qualifications: Under various sections of these specifications, under paragraph 1.3 QUALITY ASSURANCE.,certain experience requirements and other qualifications may be required. W hen such requirements are specified,submit written certification of such requirements to the Architect within thirty-five (35)days of date of Notice to Proceed. 3. Products: a. Asbestos: Submit written certification that no materials containing asbestos have been included in the Work as required in Section 01 43 00 - QUALITY ASSURANCE. b. Volatile Organic Compounds (VOC): Provide written certification that materials used in construction operations and installed in the work comply with the requirements of the environmental protection agency having jurisdiction at the location of this Project. 2. PRODUCTS Not Used 3. EXECUTION: Not Used The Historic Montanez Adobe .lob No. 2008.11 IS Architecture April 21, 2009 SUBMITTAL COVER SHEET PROJECTNAME. ,JOB N0. SECTION NO. SUBMITTAL THE HISTORIC MONTANEZ 2408.11. NO. ADOBE SUBCONTRACTOR CONTRACTOR CERTIFICATION I hereby certify that I have reviewed the attached, and have NAME: verified field requirements and compliance with the Contract Documents. ADDRESS: CONTRACTOR: PHONE: ADDRESS: CONTACT: SIGNED: DATE: SUBMITTAL DESCRIPTION RESUBMITTAL? NO [] YES []OF PREVIOUS SUBMITTAL NO. SUBMITTAL HISTORY DATE REC"D:.FROM CONTR.: CONSULTANT.. DISTRIBUTION DATE: REVIEW Copies to: [ ]Civil [ ]Mechanical Contr. [ ]Structural [ I Electrical Insp. [ ] Landscape [ ]Other He Date Sent: Owner Date Due: Other Data kec'd.: REMARKS: IS ARCHITECTURE STAMP iS Architecture 5649 La Jolla Blvd. La Jolla, California Telephone:858-456-8555 LTER N, P OJEC.T PR CEDURES pec wt ra 0 .O 1. GENERAL: A. DESCRIPTION: This Section includes administrative and procedural requirements for alterations to existing facilities. B. REQUIREMENTS INCLUDED: 1. General: Coordinate Work per Section 01 31 00 - PROJECT MANAGEMENT AND COORDINATION, 2, Demolition Work: a. General: In addition to work as specified in Section 02 41 00 - DEMOLITION and that specifically shown; cut, move or remove items as necessary to provide access or to allow alterations and new work to proceed. Include such items as: b. Hazardous and Unsanitary Conditions: Repair and/or removal. c. Abandoned Items: Removal of abandoned items and items serving no useful purpose,such as abandoned piping, conduit and wiring. d. Unusable Materials: Removal of unsuitable or extraneous materials not marked for salvage, such as abandoned furnishings and equipment, and debris such as rotted wood, rusted metals and deteriorated concrete. e. Resurfacing: Cleaning of surfaces,and removal of surface finishes as needed to install new work and finishes. 3. Refinishing: Patch,repair and refinish existing items to remain,to the specified condition for each material, with a workmanlike transition to adjacent new items of construction. C. SEQUENCE AND SCHEDULES: 1. General: Schedule Work in the sequences and within times specified in Section 01 11 00 - SUMMARY OF WORK. 2. Progress Schedule: Per Section 01 32 14 - PROGRESS SCHEDULE. D. ALTERATIONS, CUTTING AND PROTECTION 1. General: Assign work of moving, removal, cutting and patching, to trades qualified to perform the work in manner to cause least damage to each type of work, and provide means of returning surfaces to appearance of new work. 2. Cutting and Removal: a. General: Perform cutting and patching as specified in Section 01 73 29 - CUTTING AND PATCHING. Remove minimum necessary, and in a manner to avoid damage to adjacent work. b. Lines and Levels: Cut finish surfaces such as masonry, tile, plaster or metals, by methods to terminate surfaces in straight line at natural point of division. 3. Protection: a. General: Protect existing finishes, equipment, and adjacent work which is scheduled to remain, from damage. b. Weather Protection: Protect existing and now work from weather and extremes of temperature. c. Environmental Conditions: Maintain existing interior work above 60' F. 4. Temporary Enclosure: Provide temporary enclosure as specified in Section 01 50 00 - TEMPORARY FACILITIES AND CONTROLS,to separate work areas from existing building and from areas occupied by Owner, and to provide weather protection. 2. PRODUCTS: A. GENERAL: Refer to Section 01 60 00 - PRODUCT REQUIREMENTS. B. SALVAGED MATERIALS 1. General: Salvage sufficient quantities of cut or removed material to replace damaged surfaces in existing construction, when material is not readily obtainable on current market. Do not incorporate salvaged or used material in new construction except with permission of Architect. Identified items not required for use in repair of existing work shall be retained for future use by the Owner. 2. Salvaged Items: As identified in Section 02 41 00 - DEMOLITION. 3. Storage: Store salvaged items in dry, secure place on site. C. PRODUCTS FOR PATCHING, EXTENDING AND MATCHING 1. General: Provide same products or types of construction as that in existing structure,as needed to patch, extend or match existing work. 2. Existing Construction: Generally, Contract Documents will not define products or standards of workmanship present in existing work; the Contractor shall identify products by inspection and testing; and workmanship by use of selected existing work as a sample for comparison. 3. Presence of Product, Finish or Type of Construction: Perform patching, extending or matching as necessary to make Work complete and consistent to identical standards of quality. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS Page 32 Section 01 42 00 -References 3. EXECUTION: A. PERFORMANCE 1. General: Referto Section 01 73 10-EXECUTION REQUIREMENTS. Patch and extend existing work using skilled mechanics who are capable of matching existing quality of workmanship. Quality of patched or extended work shall be not less than that specified for new work. B. ADJUSTMENTS 1, General: Where partitions are removed, patch floors,walls, and ceilings, with finish materials to match existing. 2. Lines and Levels: Where removal of partitions results in adjacent spaces becoming one, rework floors and ceilings to provide smooth planes without breaks, steps, or bulkheads. 3. Changes of Plane: Where extreme change of plane of two inches or more occurs, request instructions from Architect as to method of making transition. 4. Doors: Trim and refinish existing doors as necessary to clear new floors. C. DAMAGED SURFACES 1. General: Patch and replace any portion of an existing finished surface which is found to be damaged, lifted, discolored, or shows other imperfections, with matching material. 2. Substrate: Provide adequate support of substrate prior to patching finish. 3. Patched Surfaces: Refinish patched portions of painted or coated surfaces in manner to produce uniform color and texture over entire surface. 4. Refinished Surfaces: When existing surface finish cannot be matched, refinish entire surface to nearest intersections of surfaces. D. TRANSITION FROM EXISTING TO NEW WORK 1. General: When new work abuts or finishes flush with existing work, make smooth and workmanlike transition. Patched work shall match existing adjacent work in texture and appearance so that patch or transition is invisible at distance of five feet (5`-0"). 2. Surface Transitions: When finished surfaces are cut in such a way that smooth transition with new work is not possible,terminate existing surface in neat manner along straight line at a natural line of division, and provide trim appropriate to finished surface. E. CLEANING 1. General: Perform periodic cleaning in accordance with the 00 70 00-GENERAL CONDITIONS and final cleaning as specified in Section 01 77 00 - CLOSEOUT PROCEDURES. 2. Owner Occupied Areas: a, General: Clean daily. b. Spillage, Overspray, or Heavy Collection of Dust: Clean immediately. 3. Work of Trades: At completion of work of each trade, clean area and make surfaces ready for work of successive trades. 4. Final Cleaning: At completion of alterations work in each area, provide final cleaning and return space to condition suitable for use by Owner. R�FER�NCES Seta �' gel 1. GENERAL: A. SUMMARY 1. Description: a. General: Standards, codes, definition of words and terms, are identified in this Section. b. Additional Instructions: Refer to 00 01 40- USER GUIDE FOR THE PROJECT MANUAL. 2. Related Work: a. General: The following items of Work are related to the Work of this Section but specified elsewhere in this Project Manual. b. Quality Standards: Refer to Section 01 43 00 - QUALITY ASSURANCE. B. REFERENCES: 1. General: References are made throughout the technical specifications to various standard specifications, codes, practices, and requirements for materials, work quality, installation, inspections and tests, which are published and issued by the organizations, societies and associations listed below by abbreviation and name. 2. Referenced Standards: Obtain copies direct from publication sources as needed for proper performance and completion of the Work. Addresses for these organizations are available from The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GENERAL. REQUIREMENTS Division 01 Section 01 42 00 -references Page 33 the Architect. C. STANDARDS: 1. General: All references to established Standards mean and include the latest edition of such Standards, as of the date of issue of this Project Manual, 2. US Department of the Interior,National Park Service,Technical Preservation Services-Standard Preservation Briefs: a. No. 5. Preservation of Historic Adobe Buildings. b. No. 17, Architectural Character-Identifying the Visual Aspects of Historic Building as an Aid to Preserving Their Character. c. No. 19. The repair and Replacement of Historic Wooden Shingle Roofs. D. CODES: 1. General: Work of this project shall conform to applicable codes, current editions with applicable amendments, as adopted by enforcing agencies. 2. Applicable Codes: a. California Building Code (CBC): 1. General: California Building Standards Commission. 2. Historical Building Code: Title 24, Part 8. 3. Building Standards Administrative Code. Title 24, Part 1. 4. Building Cade: a) Volume 1: Title 24, Part 2, Volume 1. b) Volume 2: Title 24, Part 2, Volume 2, 5_ Electrical Code: Title 24, Part 3. 6. Mechanical Code: Title 24, Part 4. 7. Plumbing Code: Title 24, Part 5. S. Energy Code: Title 24, Part 6. 9. Fire Code: Title 24, Part 9. 10. Code for Building Conservation: Title 24, Part 10. 11. Referenced Standards Code. Title 24, Part 12. 3. Americans with Disabilities Act (ADA): Latest edition; Civil Rights Division, Office on the Americans with Disabilities Act, U.S. Department of Justice 4. National Fire Protection Association (N FPA): Life Safety Code - NFPA 101. a. U. S. Environmental Protection Agency (EPA): Laws and regulations. b. California Environmental Protection Agency (CalEPA): State regulations and standards. c. California Integrated Waste Management Board: 1. General: Sustainable Building Guidelines. 2. Construction Waste Management: Construction and Demolition Debris Recycling. d. California State Water Resources Control Board (SW RCB): SWPPP Standards. e. Public Utilities: Rules, regulations and standards of jurisdictional agencies. E. DEFINITIONS: 1. Words and Terms: a. General: The following are used in addition to those defined in the General Conditions, and are defined as follows: b. Accepted Equal. Reviewed and accepted by the Architect as being equal in quality,utility and appearance. c. Approved: As accepted by the Architect. d. As Required: As required by regulatory requirements, referenced standards, existing conditions, or by the Contract Documents. o. Directed: As instructed by the Architect in writing. f. Furnish: Supply and deliver to the site. g. Indicated: As shown, noted, or scheduled on the Drawings. h. Install: Anchor, fasten, or connect in place and adjust for use; place or apply in proper position and location; establish in place for use or service. i. Provide: Furnish and install. j. Site: Area to be occupied by the Project. Use of the word "jobsite" or "site" shall be interpreted to be synonymous with "site of the Work" or"Work Site". 2. Abbreviations: a. General: Definition of abbreviations and symbols used on the Drawings are identified on the Drawings. b. Governing Dictionary: The definitions of wards and abbreviations used in these Specifications are given in "The American Heritage Dictionary of the English Language". The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS Page 34 Section 0143 00 -Quality Assurance 2. PRODUCTS: A. GENERAL.: The reference standards applicable to this Project are specifically identified in the technical specification Sections listed in the Table of Contents - Divisions 2 through 49. 3. EXECUTION: Not Used 1, GENERAL: A. DESCRIPTION: 1. General: This section includes administrative and procedural requirements for quality assurance. 2. Workmanship: Quality of work. 3. Tolerances: Finished surfaces. 4. Protection of Wood: Moisture and damage. B. REFERENCES: 1. General: Refer to Section 01 42 00-REFERENCES. Products or workmanship specified in the Project Manual by association, trade, or other consensus standards shall conform to the requirements ofthe standard,exceptwhen more rigid requirements are specified orare required by applicable-codes. 2. Contractual Relationship: The contractual duties and responsibilities of the parties of the Contract and those of the Architect shall not be altered from the requirements of the Contract Documents by any statement or inference in any reference document. C. TESTING: Refer to Section 01 45 23 - TESTING AND INSPECTION SERVICES. 2. PRODUCTS: A. GENERAL: Refer to Section 01 60 00 - PRODUCT REQUIREMENTS assure a consistent quality of products furnished by suppliers and manufacturers as indicated throughout the Project Manual. 3. EXECUTION: A. PERFORMANCE 1. General: Refer to Section 01 73 10 - EXECUTION REQUIREMENTS. 2. Workmanship: Perform shop and field work with mechanics, craftspersons, artisans, and workers skilled and experienced in the fabrication and installation of work specified. Install and erect work plumb,levet,square,and true,or true to indicated angle,and in proper alignment and relationship to other work. Finished work shall be free from defects and damage. Quality of work shall conform to the highest established standards and practices of the various trades required. The Architect reserves the right to reject materials and workquality which does not meet accepted standards. Repair or replace substandard material or work as directed,at no additional cost to the Owner. B. INSTALLATION 1. General: Conduct quality control in concertwith suppliers,products,services,site conditions,and workmanship, to produce work of specified quality. 2. Manufacturer's Instructions: a. General: Follow manufacturer's instructions, including each step in progression of installation. If manufacturer's instructions conflict with Contract Documents, request clarification from Architect before commencing Work, b. Installer: Manufacturer approved,as required in the technical sections of the Project Manual. c. Field Services: Coordinate with manufacturer of a product, system, or assembly which requires special knowledge and skill for proper applicationlinstaiiation of the product,system, or assembly to obtain field service, consultation and inspection as required for the applicationtinstallation work at no additional cost to the Owner. 3. Reference Standards: Conform to specified standards as minimum quality for the Work except where more stringent codes or specified requirements indicate higher standards or more precise workmanship. 4. Anchorage: Secure products in place with positive anchorage devices designed and sized to The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GENERAL. REQUIREMENTS Division 01 Section 01 45 23 -Testing and Inspection Services Page 35 withstand stress, vibration, physical distortion, or disfigurement. 5. Tolerances: a. General: Adjust products to appropriate dimensions; position before securing in place. Monitor and control tolerances of installed products to produce acceptable Work. b. Finished Wall Surfaces: Plumb; maximum variation of 118 inch in 8'-0"when a straightedge is laid on the surface in any direction, and no measurable variation in any 2'-0" direction. c. Finished Ceiling Surfaces: True and level; maximum variation of 1B inch in 8'-0" when a straightedge and water level are laid on the surface in any direction, and no measurable variation in any 2'-0" direction. d. Finished Floors: Level to within plus or minus 118 inch in 10'-0" for hardwood floors. 6_ Protection of Wood:. a. General: Provide protection of wood materials and products, whether or not installed, including erected and installed wood framing and sheathing, from water and moisture until completion and acceptance of the Project. Keep informed of weather conditions and forecasts and,when there is a likelihood of rain, protect installed and exposed framing and sheathing and stored lumberexposed to the eementswith suitable water-repellent coverings, such as canvas/tarpaulins or polyethylene sheeting. b. Finish Materials: Keep products manufactured from wood under cover and dry at shop until time of delivery. Do not deliver fabricated finish materials to the site until the building is roofed,and exterior walls are sheathed and protected with building paperas a minimum,the doors and windows are installed and glazed, and there is ample interior storage space for such materials and products. Do not deliver during periods of rain or heavy fog. c. Moisture Damage: 1. General: Wood materials or products which become wet from rain, dew, fog, or other source will be considered to have moisture damage and will be rejected, requiring replacement by the Contractor with new, dry materials or products at no additional cost. 2. Excepted Materials: Installed exterior wood siding, trim, doors, and windows, after specified treatments, such as exterior wood stain or paint, have been applied. f TESTIN, G_ IID SNS PECTIM... SERVICES Sev i n 131 5 2 'i. GENERAL: A, DESCRIPTION: This section includes administrative and procedural requirements for testing laboratory services for inspections, tests, and related actions, including reports prepared by Contractor, by independent agencies,and by governing authorities, Contract enforcement activities performed by Architect are not included. B. TESTING LABORATORY: 1. General: Owner will employ and pay for services of an independent testing laboratory to perform specified testing. Testing laboratory shall be approved by the Architect. 2, Coordination: Coordinate the sequence of activities to accommodate required services with a minimum of delay. Coordinate activities to avoid the necessity of removing and replacing' construction to accommodate inspections and tests. The Contractor is responsible for scheduling times for inspections, tests, taking samples, and similar activities. 3. Cooperation: Cooperate with laboratory to facilitate required services. 4. Performance of Work: Employment of laboratory shall not relieve Contractor's obligations to perform work of Contract. C. REQUIREMENTS: 1. Conditions of the Contract: Inspections and testing required by laws, ordinances, rales, regulations, orders or approvals of public authorities. 2. Respective Sections of the Specifications: Certification of products. 3. Listed Specification Sections: Laboratory tests required and standards for testing. 4. Testing Laboratory Inspection, Sampling and Testing is required for: a. Concrete Unit Masonry: Section 04 24 00 - ADOBE UNIT MASONRY. b. Earthwork: Section 31 20 10 - EARTHWORK. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS Page 36 Section 01 50 00 -Temporary Facilities and Controls 2. PRODUCTS: A. SUBMITTALS: 1, General: Refer to Section 01 33 10 - SUBMITTALS. 2. Testing Laboratory: Submit five (5)copies of certified written report,of each inspection, test, or similar service. 3. EXECUTION: A. LABORATORY DUTIES: 1. General: Comply with ASTM E329 "Standards of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as Used in Construction". 2, Cooperation: Cooperate with Architect, Engineer and Contractor; provide qualified personnel after due notice. 3. Services: a. General: Perform specified inspections, sampling and testing of materials and methods of construction. b. Specified Standards: Verify compliance. c. Specified Materials: Ascertain compliance with requirements of Contract Documents. 4, Notification: Promptly inform Architect and Engineer of observed irregularities or deficiencies of work or products. 5. Reports: Submit as required. 6. Additional Testing: Perform additional tests as required by Architect or Owner. B. LIMITATIONS OF AUTHORITY OF TESTING LABORATORY: Laboratory is not authorized to release,revoke,alter or enlarge on requirements of Contract Documents,or perform any construction duties of Contractor. C. CONTRACTOR'S RESPONSIBILITIES: 1. Cooperation: a. Scheduling: Notify laboratory sufficiently in advance of operations, as specified under individual Sections of the specifications, to allow laboratory to schedule tests and assign personnel. When tests or inspections cannot be performed after such notice, .reimburse Owner for laboratory personnel and travel expenses incurred. b. Laboratory Personnel: Cooperate with, provide access to Work, and to manufacturer's operations. c. Inspector: Cooperate with Inspector to secure and deliver to laboratory adequate quantities of representative samples of materials proposed for use and that require testing. 2. Manufacturer's Test Reports: Furnish copies of products test reports as required. 3. Incidental Labor and Facilities: Provide access to Work to be tested; facilitate inspections and tests. 4. Additional Testing: Paid for by Owner and backcharged to Contractor as specified in the individual sections. 5. Repair and Protection: Upon completion of inspection, testing, sample taking and similar services, repair damaged construction and restore substrates and finishes. Refer to Section 01 73 29 - CUTTING AND PATCHING. TEMPORARTF'A.C.'I .ITIES ANDCGNTR04 edfibn01 .50 00 1. GENERAL: A. DESCRIPTION: Furnish and install temporary facilities and controls as specified, plus other unspecified temporary facilities, including labor,materials,services, utilities,and equipment,as may be required for proper performance of the contract, except as otherwise provided. B. RELATED WORK SPECIFIED ELSEWHERE: 1. Earthwork: Section 31 20 10 - EARTHW ORK. 2. Permanent Utilities: Pertinent specification Sections. C. REQUIREMENTS OF REGULATORY AGENCIES: 1. General: Temporary facilities and controls shall be approved by appropriate authorities and regulatory agencies, including insurance companies, for safety precautions, operation and fire hazard. 2. Associated General Contractors of America (AGC): "Manual of Accident Prevention in The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GENERAL REQUIREMENTS Division 01 Section 01 50 00 -Temporary Facilities and Controls Fuge 37 Construction". 3. California Occupational Safety and Health Administration (CalOSHA): Construction Safety Orders; 29 CFR, PART 1926 Safety and Health Regulations for Construction. 4. California Division of Occupational Safety and Health (DOSH): Title 8 - Construction Safety Orders. D. PRODUCT HANDL6NG: 1. Protection: Protect and maintain temporary facilities and controls in proper and safe condition throughout progress of work. 2. Replacements: Immediately repair or replace lost or damaged temporary facilities or controls. 2. PRODUCTS: A. TEMPORARY UTILITIES:Provide water, electricity,gas and other specified utility services required during construction and extend service lines to construction areas; allow use by all trades. 1. Temporary Water: a. General: Provide and pay for ample supply of potable water from sources off site. b. Temporary Connections: Provide connections to source and sufficient hose or pipe to carry water to all required locations, 2, Temporary Electrical Facilities: a. General: Provide temporary electrical power and facilities necessary to supply lighting for work operations and power for power driven tools and testing. b. Construction Requirements: 1. General: Construct and maintain temporary electrical facilities per requirements of the utility company providing service. Provide electrical materials, devices, and equipment that are in good and safe condition as follows: 2. Division of Industrial Safety: "Electrical Safety Orders", 3. Public Utilities Commission: "Rules for Overhead Line Construction". c. Electrical Service: Make application for temporary service from serving utility company and pay for electric service and energy used. d. interior Lighting: Provide and maintain at a minimum level of two (2)watts per square foot, as required. 3. Temporary Heat and Ventilation: a. General: Provide heat and ventilation as required to protect work and materials and reduce humidity to extent required to prevent corrosion of metal, dampness or mildew that may damage materials and finishes; fuel, equipment and method of heating and ventilating shall be acceptable to Architect. b. Finishing: Provide meat to produce temperature of not less than 70° F for seven (7) days prior to placement of interior finish materials and throughout period of installation of gypsum board, laying of flooring materials, and painting. c. Acceptance: Maintain building temperature of not less than 60' F after finishing is complete and until final acceptance or occupancy by Owner. 4. Telephone: a. General: Maintain telephone in field office for the use of the Contractor, and a separate telephone for the use of the Architectfor duration of operations underthis Contract. Provide and pay service charges for a cellular telephone and/or pager for use of Contractor's Superintendent. b. Availability: Provide access to telephone service for subcontractors and suppliers for duration of construction. c. Facsimile Machine (FAX): Provide acceptable telecopier device; provide access as necessary to expedite construction. d. Internet Access: Provide internet access and e-mail capability at the job site. B. FIELD OFFICE.: I. Generaf; Provide acceptable construction trailer or temporary construction with floor raised above grade; waterproof, weathertight, and well lit and ventilated. Equip with shelves, desks, filing cabinet,chairs,and such other items of equipment needed. Office and equipment is the property of the Contractor and must be removed from the site upon completion of work. 2. Utilities: Provide electric lighting and power; make adequate provisions for heating and cooling. C. SANITARY FACILITIES: 1. Toilet Facilities: Provide enclosed chemical toilets with urinal for use of personnel engaged on Project. 2. Drinking Water Facilities: Provide adequate clean and sanitary drinking water. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS Page 38 Section 01 50 00 -Temporary Facilities and Controls D. CONSTRUCTION EQUIPMENT: 1. General: Erect, equip, operate, and. maintain construction equipment per applicable statutes, laws, ordinances, rules, and regulations of jurisdictional authorities and insurance companies regarding safety, operation and fire hazard. 2. Construction Access Equipment: a. General: Provide and maintain scaffolding, staging, runways, and similar equipment, as required. Coordinate furnishing and use with subcontractors. b. Vertical Transportation: Provide and maintain hoists per Safety Orders of State of California, Division of Industrial Safety, until work is completed or until no longer required under this Contract. E. ENCLOSURES, FENCING AND BARRICADES: 1. General: Provide and maintain barricades,fencing,shoring,pedestrian walkways including lights and other safety precautions to guard against personal injury and property damage as prescribed by jurisdictional authorities, including insurance companies. 2. Safety Orders: Obtain copies and conduct work under the requirements of applicable Safety Orders issued by State of California, Division of Industrial Safety. Inform subcontractors and material suppliers as to the requirements of applicable Safety Orders. 3. Contractor's Storage Area: Enclose with fences and gates as required for security. F. TEMPORARY SIGNS: 1. Project Sign: a. General: Provide 4'-0" by 8'-0" project sign in location as directed; construct of 112 inch exterior grade plywood with wood frame sufficient to withstand site and weather conditions. b. Painting: Paint entire assembly with two coats exterior house paint; provide white background with exhibit lettering by a professional sign painter; include the name of project and names of Owner,Architect, Engineers,Contractor and such subcontractors as desired. Provide Owner and Architect with proof copy prior to printing. c. Removal: Upon contract completion, remove sign and restore area to required condition. 2. Other Signs: Not permitted; Contractor's name may be placed on field office and equipment. G. SITE CONTROLS AND PARKING: 1. Entrance to Work Site: Use identified entrances and access roads, as shown, or as directed. Maintain roads in satisfactory condition during Contract;repair damage resulting from work of this Project, as required, to leave in condition equal to that existing at start of Work. 2. Regulations: Observe and comply with rules and regulations in effect at occupied facilities; including parking and traffic regulations, security restrictions, hours of access, and the like. 3. Use of Public Sidewalks and Streets: Make arrangements with civic authorities for temporary use of streets and sidewalks for offices, shops, storage, etc.; abide by rules, regulations and ordinances; obtain and pay fees for permits. 4. Debris Control: Keep work and storage areas clean and free of debris. Dispose of debris off site as it accumulates; pay required fees for use of dumps. Burning or burying on site is prohibited. 5. Dust Controls: a. Indoor Operations: Control dust by using temporary partitions, curtains, or other means to prevent its spread beyond immediate work area. b. Outdoor Operations: Use sprayed waterto control dustfrom outdoor operations,as required. 6. Dewatering Facilities: Provide and maintain pumping facilities to keep site reasonably dry;protect materials and installed work from water damage until dewatering is no longer required. 7. Security: Contractor is responsible for security of areas of Work during entire time of Contract. Repair damage to Work and replace materials lost due to vandalism or theft. 8. Drainage:As required by the State of California Water Resources Control Board,only rainwater is permitted in storm drain system. Do not permit water resulting from washing of equipment or other construction activities to be discharged into the storm drainage system. Provide temporary containment, sediment traps, and/or gravel filters to prevent discharge of non-storms water into storm drain system. 3. EXECUTION: A. MAINTENANCE AND REMOVAL: Maintain temporary facilities and controls as long as required for safe and proper completion of Work; remove temporary facilities and controls as rapidly as progress of Work will permit. k k # The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GENERAL REQUIREMENTS Division 01 Section 01 60 OU -Product Requirements Wage 39 I RSX 00 :1 T � 1. GENERAL: A. DESCRIPTION: I. General: This Section includes administrative and procedural requirements governing the Contractor's selection of products for use in the Project. 2. Submittals: Product lists. 3. Quality Assurance: References, source limitations, compatibility of options and nameplates. 4. Product Options: Products specified by reference standards, specified products, alternate manufacturers, accepted equals, and required products. 5. Product Handling: Procedures. B. RELATED WORK: 1. General: The following items of Work are related to the Work of this Section but specified elsewhere in this Project Manual. 2, Closeout: Refer to Section 01 77 00 - CLOSEOUT PROCEDURES. C. DEFINITIONS: 1. Products: a. General: Items purchased for incorporation in the Work,whether purchased for the Project or taken from previously purchased stock. The term "product"includes the terms"material," "equipment,""system," and terms of similar intent. b. Named Products: Items identified by the manufacturer's product name, including make or model number or other designation,shown or listed in the manufacturer's published product literature, that is current as of the date of the Contract Documents. 2. Materials: Components shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the Work. 3. Equipment: Product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. D. SUBMITTALS: 1. General: Refer to Section 01 33 10 - SUBMITTALS. 2. Products List: Within thirty (30) days after award of contract, submit complete list of products intended for use on this Project. Provide list tabulated by Section Number,giving the trade name, name of the manufacturer, and model number or catalog designation of each product. Include products specified by reference standards and alternate products proposed for substitution. E. QUALITY ASSURANCE: 1. General: Refer to Section 01 43 00 - QUALITY ASSURANCE. 2. Reference Standards: Refer to Section 01 42 00 - REFERENCES. 3, Source Limitations: To the fullest extent possible, provide products of the same kind from a single source. 4. Compatibility of Options: When the Contractor is given the option of selecting between two (2) or more products for use on the Project, the product selected shall be compatible with products previously selected, even if previously selected products were also options. 5. Nameplates: a. General: Except for required labels and operating data, do not attach or imprint manufacturer's or producer's nameplates or trademarks on exposed surfaces of products that will be exposed to view in occupied spaces or on the exterior. b. Labels: Locate required product fabels and stamps on concealed surfaces or, where required for observation after installation, on accessible surfaces that are not conspicuous. 2. PRODUCTS: A. GENERAL: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, new at the time of installation. B. PRODUCT OPTIONS: 1. General: For purposes of this Project products have been specified with the following options: 2. Products Specified by Reference Standards: Contractor may select any product which meets the standards, by any manufacturer. 3. Specified Products and Alternate Manufacturers: Wherever catalog numbers and specific brand or trade names are used in conjunction with a designated material, product, thing or service mentioned in these specifications, they are used to establish the standards of quality, utility and appearance required. The"specified product"shall be understood to be the basis for the project design. Comparable products of named "alternate manufacturers"shall be considered equal in The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS Page 40 Section 01 73 10 -Execution Requirements quality, utility and appearance. Contractor has the option of selecting from products and manufacturers named and must satisfy submittal requirements specified in Section 01 33 10 - SUBMITTALS. 4. Accepted Equal: Where specification includes the designation "or accepted equal", Contractor may request acceptance as"equal"any material, process,or productof unnamed manufacturer through use of the Substitution Request specified in Section 01 25 00 - SUBSTITUTION PROCEDURES. Requirements of that Section must be satisfied. Acceptance as"equal"will be the decision of the Architect; if the material, process or product is not, in the opinion of the Architect, equal in quality, utility and appearance to that specified, Contractor must furnish material, process or product specified. 5. Required Products: Where use of one named product and manufacturer is required to match others in use or because only one brand or trade name is known, there is no option, and no substitution will be allowed. 3. EXECUTION: A. GENERAL,: Refer to Section 01 73 10 - EXECUTION REQUIREMENTS. B. PRODUCT HANDLING; Assure that Work is manufactured and/or fabricated in ample time so as to not delay construction progress. Transport, handle, store and protect products in accordance with manufacturer's instructions. t GENERAL: A. DESCRIPTION: This Section includes administrative and procedural requirements governing the Contractor's installation of products specified for use in the Project. B, SUBMITTALS: 1. Closeout: Refer to Section 01 77 00 - CLOSEOUT PROCEDURES. C. QUALITY ASSURANCE: 1. General: Refer to Section 01 43 00 - QUALITY ASSURANCE. 2. Reference Standards: Refer to Section 01 42 00 - REFERENCES. 3. Qualifications: Use installers specialized in the work required, as specified in the individual sections of the Project Manual. 2. PRODUCTS: A. GENERAL: Refer to Section 01 60 00 - PRODUCT REQUIREMENTS. B. PRODUCT HANDLING: 1. Delivery: Schedule delivery of materials to the site at such time as required for proper coordination of the work. Receive materials in manufacturer's unopened packages and bearing manufacturer's label. 2. Storage: Store materials in a dry and well-ventilated place, adequately protected from damage and exposure to the elements. 3. EXECUTION: A. PREPARATION: 1. Examination of Conditions: Carefully examine sub-surfaces before beginning work; report to Architect any defects. Starting of work implies acceptance of conditions as they exist. 2. Environmental Requirements: Verify that ambient temperature and moisture content are within limits of material and equipment manufacturers' instructions. Perform interior finish work only after building is closed and temperature can be maintained above 50 degrees F. 3. Examination: Examine conditions of work in place before beginning work; report defects. 4. Measurements: a. General: Take field measurements;report discrepancies between plan and field dimensions to Architect. b. Templates: Obtain templates, patterns, and setting instructions as required; verify dimensions. 5. Protection: Provide temporary protection and enclosures for floor and roof openings,stairways, and similarconditions. Provide adequate temporary centering,bracing,and shoring for protection The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GENERAL REQUIREMENTS Division 01 Section 01 73 29 -Cutting and Patching mage 41 of structure during construction. Protect non-ferrous metal work throughout construction period; protect materials from damage during adjacent construction activities. B. INSTALLATION: 1. General: Install products in. conformance with referenced standards, manufacturer's written directions, as shown, and as specified. 2. Embedded Items: Coordinate delivery and placement of items embedded in work. 3. Completion: a. General: Coordinate completion and clean up of Work of various subcontractors in preparation for Substantial Completion and for portions of Work designated for Owner's occupancy. b. Correction of Defective Work: After Owner occupancy of premises,coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. UTTINGANR PATH I C$ GC iO01 1. GENERAL: A. DESCRIPTION: Provide all cutting,fitting and patching,including excavation and backfill as required per Section 31 20 10- EARTHWORK, to complete the Work and to accomplish the applicable listed items. B. LISTED ITEMS: 1, Fitting: Make its several parts fit together properly. 2. Untimely Work: Uncover portions of the Work to provide for installation of work not installed in the proper sequence of construction. 3. Defective Work: Remove and replace defective and non-conforming work. 4. Samples For Testing: Remove samples of installed work for testing per Section 01 45 23 - TESTING AND INSPECTION SERVICES and as identified in individual sections of the specifications. 5. Existing Construction: Install specified work in existing Construction. C. SUBMITTALS: 1. Cutting And/or Alteration Request, a. General: Submit written request to the Architect in advance of executing any cutting or alteration to affected items as listed below. b. Affected Items: Work process of the Owner or any separate contractor; structural value or integrity of any element of the Project; integrity or effectiveness of weather-exposed or moisture-resistant elements or systems;efficiency,life,maintenance or safety of operational elements; visual qualities of sight-exposed elements. c. Request Requirements: Project name and location; description of all affected work; explanation of necessity for cutting,alteration or excavation;impact on the work of the Owner or any separate contractor, or on the structural or weatherproof integrity of the building; description of proposed work, including scope of cutting, patching, alteration,or excavation, products proposed to be used, trades who will complete the work, and extent of refinishing to be done; alternatives to cutting and patching; cost proposal, when applicable; written permission from any separate contractor whose work will be affected. d. Product Substitutions: Should conditions of Work or schedule indicate change of products From original installation, submit request for substitution as specified in Section 01 25 00 - SUBSTiTUTION PROCEDURES. e. Field Observation: Submit written notice to Architect designating date and time work will be uncovered. 2. PRODUCTS: A. MATERIALS:Comply with requirements of individual sections of these Specifications for replacement of Work removed and type of work to be done. The Historic Montanez Adobe Job No. 2008,11 IS Architecture April 21, 2009 Division 01 GENERAL REQUIREMENTS Page 42 Section 01 77 00 -Closeout Procedures 3. EXECUTION: A. INSPECTION: [TOP] 1. General: Inspect existing conditions; include elements subject to damage or movement during cutting and patching. 2. After Uncovering Work: Inspect conditions affecting the installation of products,or performance of W ark. 3. Unsatisfactory Conditions: Report unsatisfactory or questionable conditions to the Architect in writing; do not proceed with work until Architect has provided further instructions. B. PREPARATION: 1. Temporary Support: Provide as necessary to assure structural value or integrity of affected portion of Work. 2. Protection: a. General: Provide devices and methods to protect other portions of the Projectfrom damage. b. Environmental Protection: Provide protection from elements for that portion of the Project which may be exposed by cutting and patching, and maintain excavations free from water. C. PERFORMANCE: 1. Demolition: Execute cutting and demolition per Section 02 41 00 - DEMOLITION; prevent . damage to other work; provide proper surfaces to receive installation of repairs. 2. Excavation and Backfill: Execute excavating and backfilling by methods which will prevent settlement or damage to other work per Section 31 20 10 - EARTHWORK. 3. Cutting and Patching: Perform work with workers skilled in the trades involved. Make patches, seams and joints durable and inconspicuous. 4. Adjustment: Execute fitting and adjustment of products to provide a finished installation complying with specified products, functions, tolerances and finishes. 5. Fitting: Fit work airtight to pipes,sleeves,ducts,conduit and other penetrations through surfaces. 6. Restoration: Restore work which has been cut or removed; install new products to provide completed Work as shown and specified. 7. Refinishing: Refinish entire surfaces.as necessary to provide even finish to match adjacent finishes; refinish continuous surfaces to nearest intersection; entire unit of any assembly. :CLOSEOUTPR ]URES 5 �r�'�' 7? 1. GENERAL: A. DESCRIPTION: Perform operations necessary for and incidental to closing out the Contract and assisting in obtaining Project acceptance by the Owner. B. FINAL CLEANING: 1. General: Remove marks, stains,fingerprints, dust, dirt, and paint drippings resulting from work of this Project. Wash fixtures clean; polish hardware and other unpainted metals. Remove temporary labels, tags and paper covering. 2. Finish Surfaces: Perform specified cleaning, polishing, sealing, waxing, and other finish operations required for acceptance of work by the Owner. 3. Glass: Em ploy professional window cleaners to clean glass,m irrors and plastic surfaces of putty, paint materials, stains and dirt, as specified. Leave work bright, clean and polished. C. CLOSEOUT SCHEDULE AND PROCEDURE: 1. Requirements Preparatory to Project Acceptance: a. Certifications: Deliver to Architect separate written certifications as required in Section 01 33 10-SUBMITTALS stating that no materials containing asbestos has been installed in the Work, and that materials used in construction operations and installed in the Work comply with the volatile organic compound (VOC) requirements. b. Temporary Facilities: Remove from site per Section 01 50 00 -TEMPORARY FACILITIES AND CONTROLS. c. Cfeaning: Complete thorough building and site cleaning per the GENERAL CONDITIONS, Article 1.13 of this Section, and the individual sections of the specifications. d. Adjustments: As required in the various technical sections of this Project Manual. e. Affidavits: Submit affidavits of release of liens, payment of debts and claims and alf applicable taxes. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 2. PRODUCTS: A. RECORD DRAWINGS: 1, General: Record drawings shall be kept up-to-date at all times. Verify that record drawings accurately show work completed to date before approval of pay requests. 2. Drawings: a. General: Architect will furnish reproducible transparencies to the Contractor. b. Locations: At time of installation, record installed locations of underground, drainage, plumbing and electrical work on prints. c. Documentation: 1. General: Transfer installed locations to reproducible transparencies and submit drawings to Architect. 2. Identification of Changes: Information entered on reproducible prints shall be neat, legible and emphasized by drawing "clouds" around changed items. 3. Dimensions: Locate work, including stubs for future connections, with reference to permanent landmarks or buildings and indicate depth below finish grade. 4. Symbols and Designations: Use same as shown on Contract Drawings. 3. Record Survey: Provide reproducible transparency as required by Section 31 20 10 EARTHWORK. 4. Certification: Completed Record Drawings shall be signed by Contractor as complete and accurate records of the Project, as built. B. OPERATION AND MAINTENANCE INSTRUCTIONS: 1. General: Incorporate in Maintenance/Operating Manual(s), as specified Below, brochures, manufacturer's catalogs and written instructions for equipment and materials needing regular care or maintenance;i.e.,hardwood flooring,architectural finishes,etc. Provide one(1)complete copy of each manual required. 2. Manual: a. General: Prepare manuals using durable plastic loose leaf binders approximately 8-112 x 11 inches in size with following minimum data: b. Identification: On, or readable through, a front cover stating general nature of manual. c. Index: Neatly typewritten at front of manual; clearly identify location of emergency data. d. Operation and Maintenance Data: Complete instructions for products and equipment required. e. Repair/Replacement Parts: Provide name and address of nearest vendor for replacement of parts or repair services. f. Additional Data: Where contents of manuals include manufacturer's catalog pages, clearly indicate precise items included in this installation and delete, or otherwise clearly indicate, manufacturer's data which is not in this installation. 3. Operating instructions: Mount and post instructions for equipment, as required. 4. Service and Maintenance Contracts: As specified, executed by each subcontractor, manufacturer, and supplier as applicable. C. GUARANTEES: 1. General: Provide.in conformance with the requirements of the GENERAL CONDITIONS and as required in the individual sections of this Project Manual. 2. Guarantee Period: Duration of the guarantees shall be as stated in the individual sections of this Project Manual. Guarantee periods shall commence on the official date of acceptance by the Owner of the Project. 3, Submittal: Submit required Guarantees on copies of Guarantee Form included at the end of this Section and deliver in a complete package to the Architect. Required Guarantee Forms must be reviewed and accepted by the Architect prior to final acceptance by Owner. 3. EXECUTION: A. PROJECT ACCEPTANCE: I. General: Notify Architect when Contractor considers the Project complete enough to prepare a punch list. Architect will conduct inspection to determine if project is substantially complete in accordance with the GENERAL CONDITIONS. 2. Notification: After requirements preparatory to project acceptance have been completed, Contractor shalt notify Architect in writing that the Work is ready for final inspection; provide minimum three (3) days' advance notice of desired date for inspection. 3. Final Inspection: Contractor, or his agent authorized to act in his behalf, shall accompany the Architect on the final inspection, as well as any principal subcontractors requested by the Architect. B. REQUEST FOR PAYMENT: Upon acceptance of Project by the Owner,the Contractor shall submit his request for final payment, less retention. Retention payment will not be made by the Owner until 35 days after filing of Notice of Completion. End Division 01 The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 GUARANTEE FORM Guarantee for We hereby guarantee that the workmanship and materials that we installed in the Historic Montanez Adobe have been in accordance with the Drawings and Project Manual and that the work as installed will fulfill the requirements of the guarantee included in the Project Manual. We agree to repair or replace any or aft work, together with any other adjacent work that we may displace in so doing, that may prove to be defective in its workmanship or material within a period of _ (____)years from date of acceptance by the Owner, without any expense whatsoever to Owner, ordinary wear and tear and unusuaf abuse or neglect excepted. In the event of our failure to comply with the above-mentioned conditions within ten (10) days after being notified in writing by the Architect or Owner, we collectively or separately do hereby authorize Owner to proceed to have said defects repaired and made good at our expense and we will honor and pay the costs and charges therefor upon demand. SUBCONTRACTOR: Signed Date Name Title Company Name License No. Address GENERAL CONTRACTOR: Countersigned Date Name Title Company Name License No. Address Division 02 EXISTING CONDITIONS Page 46 Section 02 41 00 -Demolition Division 2 - EXISTING CONDITIONS Page 46 DENI0LITIP '` S+ G i an' 02 .41:+�U' I. GENERAL: A. SUMMARY: 1. General: Provide Demolition, as shown and specified per Contract Documents. 2. Retained Items: Carefully remove items to remain property of Owner and be reinstalled in the. work. B. REFERENCES: 1. American National Standards Institute (ANSi): ANSI 10.2 - Safety Code for Buifding Construction. 2, California Occupational Safety and Health Administration (CalOSHA): Construction Safety Orders, 29 CFR, PART 1926 Safety and Health Regulations for Construction. 3. Occupational Safety and Health Administration (OSHA): Standards. C. SUBMITTALS: 1. Schedule: Submit a detailed sequence of demolition and removal work, including dates for shutoff, capping, and continuance of utility services. 2. Procedures: Submitwritten procedures documenting the proposed methodsto beusedtocontrol dust and noise. 2. PRODUCTS: Not Used 3. EXECUTION: A. PREPARATION: 1. Scheduling: a. General: Coordinate and schedule demolition work as required by the Owner and as necessary to facilitate construction progress. b. Existing Utilities: . Coordinate disconnection and capping of existing gas, water, sewer, electrical, telephone, cable and security system utilities; verify work is complete before starting demolition work affecting these utilities. 2. Examination: a. General: Examine conditions of work in place before beginning work. b. Hazardous Materials: Identify chemicals, gases, asbestos, explosives, acids, flarnmables, or other dangerous materials before proceeding with demolition operations, and notify such jurisdictional agencies as may be required. Collect and legally dispose of such materials at official disposal locations away from the site. 3. Measurements: Take field measurements; report variance between plan and field dimensions. 4. Protection: a. General: Refer to Division 01 - GENERAL REQUIREMENTS. b. Site: Protect existing adjacent installations not scheduled for demolition from damage. c. Safety Precautions: Prevent damage to existing elements identified to remain or to be salvaged, and prevent injury to the public and workmen engaged on site. Demolish building elements in such manner that demolished materials fail within foundation lines of building. Do not allow demolition debris to accumulate on site. Pull down hazardous work at end of each day; do not leave standing or hanging overnight, or over weekends. d. Dust: Contain and control dust produced by operations as required byjurisdictional agencies. tri. DEMOLITION: 1. General: Perform demolition as shown and remove from the site. Use methods required to complete Work within limitations of governing regulations. 2. Explosives: Use not permitted. 3. Utilities: Disconnect, remove, cap and identify designated utilities within demolition areas 4. Disposal: a. General: Demolished materials become property of the Contractor and shall be removed from premises, except those items specifically requested to be retained by Owner. The Historic Montanez Adobe .lob No. 2608.11 IS Architecture April 21, 2009 EXISTING CONDITIONS Division 02 Section 02 41 00 -Demolition Wage 47 b. Burning and Burying of Materials: NOT ALLOWED. c. Haul Routes: 1. General: Obtain permits as required by jurisdictional agencies. Establish haul routes in advance; post flagmen for the safety of the public and workmen. 2. Maintenance: Keep streets free of mud,rubbish,etc.;assume responsibility for damage resulting from hauling operations; hold Owner free of liability in connection therewith. * End Division 2 The Historic Montanez Adobe .lob No. 2008.11 1S Architecture April 21, 2009 Division 03 CONCRETE Page 48 Section 03 30 10 -Concrete Division 03 - CONCRETE Page 48 NOT sE * End Division 3 The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 04 MASONRY Mage 50 Section 04 24 24 -Adobe Unit Masonry Restoration Division 04 - MASONRY Page 50 A® ]B1E U 1T MA _RT:RESTORA�'#C)l ! Bect on 04 24 1. GENERAL: A. SUMMARY: Provide Adobe Unit Masonry Restoration, as shown and specified per Contract Documents. B. REFERENCES:. 1. American Society forTesting and Materials(ASTM): Materials and testing standards as identified throughout this Section or within referenced manufacturers' standard specifications. 2. The Engineered Wood Association (APA): Standard Grading Rules. 3. U.S. General Services Administration (GSA): a. General: Historic Preservation Technical Procedures. b. Whitewash: Section 09900-05 - Properties and Uses of Whitewash Paint. 4, U.S Department of the Interior, National Park Service: a. General: Archeology and Historic Preservation, Secretary of the Interiors Standards and Guidelines. b. Standard Preservation Briefs: No. 5. - Preservation of Historic Adobe Buildings. C. SUBMITTALS: 1, General: Submit product data and test reports. 2. Samples: Prepare two(2)3'-0"square samples each of adobe plasterand lime plaster. Provide one (1) of each on existing repaired adobe masonry and one (1) of each on a portion of new adobe wall. Review for cracking after a 7-day cure period. If cracks occur prepare further samples,varying the mix based on recommendations of the testing laboratory, and prepare new samples. Repeat this process until a plaster sample is approved. 3. Closeout: Submit maintenance data. D. QUALITY ASSURANCE: 1. Testing: a. General: Provide a sample of existing adobe block and plaster material to a qualified testing laboratory for determination of adobe soil and mix characteristics. b. Borrow Pit: Locate per testing laboratory directions to comply with required soil characteristics. 2. Qualifications: Installer specializing in the work of this Section with minimum three (3) years documented experience. 2. PRODUCTS: A. MATERIALS: 1. Adobe: a. Soil: Obtain from site vicinity containing the same material as the existing historic adobe plaster.Select clean silky fine soil sifted through a No.8 wire mesh sieve;remove lumps and pulverize before use. b. Sand: ASTM C144 well-graded masonry mortar sand; clean, free from detrimental acids, alkalis, salts, and deleterious material. c. Straw: Type and amount used in the existing adobe,as determined by the testing laboratory; air dried and completely free of weeds,'foreign matter and debris. d. Lime: ASTM 0207, Type S, hydrated lime for masonry purposes; sift through No. 8 wire mesh sieve to remove lumps before use. e. Fly Ash: ASTM C618,Type F. f. Water: Clears and potable. g. Miscellaneous Materials: 1. General: As determined by testing laboratory report. 2. Hair: Goat or cattle hair; clean and free of dust, dirt, oil and other impurities. 3. Fiber: Pure manila fiber of good quality, % inch to 2 inches in length; clean and free of dust, dirt, oil and other impurities. 4. Newspaper: Clean, unused newsprint paper. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 MASONRY Division 04 Section 04 24 24 -Adobe Unit Masonry Restoration Mage 51 2. Bonding Agent for Patching: a. General: "Flex-Con" manufactured by Euclid Chemical Co. b. Alternate Manufacturers: Comparable products manufactured by Degussa Building Systems, or accepted equal. 3. Wood Forms: a. General: NIST PS-20 construction grade douglas fir. b. Fasteners: As required to maintain formwork in place while placing and curing adobe. 4. Linseed Oil: a. General: 872 Boiled Linseed Oil manufactured by the Sunnyside Corp. b. Alternate Manufacturers: Noknown equal. 5. Lintels: As shown. 6. Vapor Barrier Membrane: 10 mil plastic sheet; FS L-P-377B. B. MIXES: 1. General: Establish proportions by weight. Use power mixer;mix using only enough water to fully saturate and bind materials. 2. Adobe Block: a. Soil: 60 parts or per laboratory analysis of existing material. b. Sand: 20 parts or per laboratory analysis of existing material. c. Straw: Per laboratory analysis of existing material. d. Water: Sufficient to produce the required consistency. 3. Adobe Mortar and Grout: a. Mortar: 1. Soil: 60 parts or per laboratory analysis of existing material. 2, Sand: 20 parts or per laboratory analysis of existing material. 3. Hair/Fiber: Per laboratory analysis of existing material. 4. Water: Sufficient to produce the required consistency. b. Grout: 1. Soil: 60 parts or per laboratory analysis of existing material. 2. Sand:. 20 parts or per laboratory analysis of existing material. 3. Fly Ash: 18 parts (use in pumped grout only). 4. Lime: 2 parts (use in pumped grout only). 5. Water: Sufficient to produce the required consistency. c. Flow Diameter General Requirements: 1. General: Mix proportions and flow diameters indicated in these Specifications are tentative.The mix for this project shall be based on the mix design procedure specified in this Section. Flow diameters may be adjusted as operators gain experience in effectively filling cracks. Those flow diameters actually used,shall be approved by Architect and Owners Representative. 2. Flow Diameters: a) Cracks less than 1/2 inch in Width: 5 3/ inches flow diameter. b) Cracks % to 1 inch in Width: 5 % inches flow diameter. c) Cracks 1 inch and Greater in Width: Repointing consistency.Shall maintain its shape and not flow when deposited by the nozzle. 3. Measuring Flow Diameters: For pumped grout, the flow diameter, the measure of fluid grout consistency, shall be measured as follows: a) Fill a 2'-0" diameter by 4" high cylinder with grout. b) Pour the grout from the cylinder at a height of 6'-0" onto a smooth circular sample. c) Measure the width of the sample on two perpendicular axes, one of which shall be the maximum width of the sample.The flow diameter shall be taken as the average of the two widths. 4. Adobe Floor: a. Soil: 10-30% of existing clay material per laboratory analysis. b. Sand: 70-90% of existing material per laboratory analysis. c. Water: Sufficient to produce the required consistency. 5. Adobe Plaster: a. Soil: 60 parts or per laboratory analysis of existing material. b. Sand: 20 parts or per laboratory analysis of existing material. c, Fly Ash: 18 parts, d. Hair/Fiber: Per laboratory analysis of existing material. e. Water: Sufficient to produce the required consistency. 6. Lime Adobe Plaster: a. Soil: 60 parts or per laboratory analysis of existing material, The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 04. MASONRY Page 52 Section 04 24 24-Adobe Unit Masonry Restoration b. Sand: 20 parts or per laboratory analysis of existing material. c. Lime: 2 parts. d. Hair/Fiber: Per laboratory analysis of existing material. e. Water: Sufficient to produce the required consistency. 7. Whitewash: a. General: Lime based formulation as recommended by the testing laboratory and the U.S. General Services Administration Historic Preservation Technical Procedures. b. Additives: Salt, glue and portland cement as recommended by the testing laboratory. c. Mixing: Per the GSA Historic Preservation Technical Procedures. C. BLOCK FABRICATION: 1, General: Remove one full size adobe block to establish the size of block in existing construction. 2. Molds: a. General: Provide wood molds in this size as required, well braced, from which to fabricate new blocks. b. Waterproof Membrane: Place beneath molds prior to filling with adobe. 3. Mixing: Use a power mixer to mix materials used in the fabrication of the new blocks. Mix adobe using only enough water to fully saturate and bind the materials. 4. Fabrication: Manufacture blocks on a fevel,smooth surface. Place adobe in molds and compact; tamp firmly into corners and strike off top smooth. Remove mold when adobe material is dry enough to hold its shape. When blocks have cured sufficiently to be handled,stack in a manner that will not damage the blocks, and will leave an air space between each during curing. Immediately after removing the molds, clean molds in preparation for forming other blocks. 5. Curing: Allow blocks to cure for a minimum of four (4)weeks. During this period keep blocks damp with a fine spray of water or covered with damp burlap. 3. EXECUTION: A. PREPARATION: 1. Environmental Requirements: a. Cold Weather: Maintain materials and surrounding air temperature to minimum 50 degrees F prior to, during, and for 48 hours after completion of adobe work. b. Hot Weather: Maintain materials and surrounding air temperature to maximum 90 degrees F prior to, during, and for 48 hours after completion of adobe work. c. Inclement Weather: When rain is imminent and work is discontinued, cover unfinished adobe walls exposed to weather with a well-secured waterproof membrane. Do not recommence work until surfaces exposed to weather have been repaired and have dried sufficiently to assure positive bonding of subsequent applications. 2. Examination: a. General: Examine conditions of work in place before beginning work; report defects. b. Test Samples: Identify acceptable locations and remove representative samples of adobe block, mortar and plaster and deliver to testing laboratory for mix evaluation. 3. Measurements: Take field measurements; report variance between plan and field dimensions. 4. Protection: a. General: Protect existing adobe surfaces not being worked on during construction. b. Storage: Store and handle adobe masonry units to prevent their deterioration or damaged ue to moisture, temperature changes, contaminants and other causes. B. INSTALLATION: 1. General: Install in conformance with referenced standards,manufacturer's written directions,as shown, and as specified. 2. Earthwork: a. General: Refer to Section 31 20 10 - EARTHWORK for excavation and backfill. b. Floor Preparation: 1. General: Remove existing floor down to desired sub grade. 2. Floor Level: Determine floor height and set depth of the floor base approximately 4 inches thick below that. 3. Floor Base: Screed and level using shovels to the predetermined depth. Compact the sub grade by lightly dampening the soil and compacting by hand with a tamper. 4. Existing Plaster: Protect plaster above so as not to stain it during the application process. 3. Adobe Block: a. Coursing: Establish lines,levels,and running coursing indicated;protect from displacement. b. Mortar Joints: Flush. c. Placing and Bonding: Lay adobe masonry units in full bed of mortar, with full head joints, The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 MASONRY Division 04 Section 04 24 24 -Adobe Unit Masonry Restoration Page 53 uniformly jointed with other work. d. Lintels: Install wood lintels over openings as shown; refer to Section 06 10 00 - ROUGH CARPENTRY. e. Built-in Work: 1. General: As work progresses, install built-in door and window frames, anchor bolts, plates and other items to be built into the work plumb and level. 2. Door and Window.Frames: Fill frame voids solid with grout. 3. Anchors: .Bed anchors in mortar joints. 4. Adobe Grouting: a. Pumping:Pump grout from a mortar pump with agitating hopper that is capable of developing a pressure of 30 psi. Pump through a flexible hose to a '/2 inch diameter thin wall metal tube nozzle. b. Preparation of Cracks: 1. General: Expose the full length of the crack to be injected. Remove plaster and other obstructing materials; do not disturb framing members. 2. Cleaning: Remove accessible loose pieces of adobe and mortar from the crack. Blow dust and small particles from the cracks with compressed air. 3. Caulking: a) General: Fill cracks on both sides of the wall with wet newspaper. Caulk in lengths of about 6'-0" between 3/2 inch openings. Press the wet newspaper into the cracks to depth of about equal to the crack's width. b) Alternative: Caulk with stiff grout to which 2 parts portland cement have been added. When caulk is hard, drill% inch diameter holes into the crack at 6 inches on center. Use non-impact drilling equipment. Alternative crack repair to be monitored by Architect and Owner's Representative. c. Injection: 1. General: Inject each crack from one side of the wall only. Start from the bottom and inject into %2 inch diameter openings in sequence working up. Plug injection holes with wet newspaper before injecting. Proceed with injection until the crack is filled with grout. 2. Troweling: Trowel smooth. 3. Caulking: Leave newspaper caulking in place until after grout has set(approximately 2 to 3 days). Remove exposed newspaper caulking before the grout hardens (approximately 7 to 10 days). 4. Observation: Injections to be monitored by Architect and Owner's Representative. 5. Mud Floor Application: a. Screed Bars and Boards: 1. Screed bars are the board(s) or bar(s) used to screed the mud level. They are temporarily set in the floor area and set flush wfth the top of the floor. A screed board is the board used when dragging it across the screed bar leveling the mud. 2. There are several accepted methods for setting up screed bars. Keep in mind that the concept of using screeds is similar to pouring a concrete floor, but the materials are very different.As a result using screed bars can be problematic when applying the mud floor because of the difficulty in removing them. One method to screeding involves running string lines or chalk lines along the wails and placing mud to those lines and then using a 2x4 to screed off the excess mud. A variation of that system, depending on the width of the room, is to have a screed bar set mid way in the room filling in one side first, screeding it off, remove the bar and fill in the other side screeding it off the top of the already placed mud.This system utilizes the screeds bars that can be pulled immediately without the problematic approach of having to remove them after the pour. in any of these methods work from the furthest corner out towards the door. b. Application: The mud floor will have two separate applications.Then first application will be the 3 %to 4 inch mud floor. The second application will be a thin top coat consisting of a '/4 to '/2 inch thick. For better results pre-soak the first mix by making a little volcano of the material that will let it hold water. This will allow the clays to expand.The second and finish mud coat should be run thorough a'/4 screen to remove any large aggregates or debris. Prior to using mix the mud thoroughly and relatively thick. Dampen the sub floor prior to applying the mud floor. The consistency to look for is similar to the consistency used in pouring concrete floors.Straw is not necessary to be used in the mix unless desired. It is sometimes used in the first application, but generally not the second because of the natural wear that occurs and the straw pulling up pieces of mud as it wears. The straw should be broken up by hand and two handfuls added to each wheelbarrow thoroughly mixed. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 04 MASONRY Fuge 54 Section 04 24 24-Adobe Unit Masonry Restoration c. Caring: 1. General: After the floor has been poured, and it has initially dried, it can be walked on and. using a level knock off any high spots. This is easy to do with the floor still being damp. Igo not worry about any roughness to the floor during this phase of work. The floor should have some moderate cracking at this point which is normal and should he rough for the final coat of mud plaster to adhere to. 2. Skim Coat: With the floor still damp and after the high spots have been taken off apply a skim coat of mud plaster over the floor area and use a trowel for a slick finish. The mud plaster coat will fill in the cracks and bond with the damp floor. Straw is generally not used in this application. With the nature of this interior work the floor will dry slowly; interior floors generally have a slow drying process. Open doors and windows to encourage cross ventilation and use a fan if necessary.The floor can take up to ten days to dry. d. Mud Floor Sealing: After the mud floor has completely dried apply a 75% boiled linseed oil 25% mineral spirits solution with a paint roller. The first application will soak in and not cover completely.Apply additional coats allowing each coat to dry. Each coat will gain in coverage. Apply a minimum of three coats to cover and do not allow solution to puddle. 6. Adobe Plastering: a. General: Apply plaster at exterior to a total thickness to match existing. If conditions do not exist to determ ine thickness,confer with Owner's Representative and Architect to determine historically accurate conditions. Care shall be taken to apply under weather conditions that will permit good curing. Control ambient temperature, air and humidity to produce work free of checks, cracks, and other imperfections. b. Masonry: Reduce excessive suction by moistening,24 hours before plastering,existing and new adobe blocks, and again just before application. Prepare nonabsorbent or rough surfaces by removing efflorescence then applying bonding agent. c. Scratch Coat: Apply with sufficient pressure to assure good bond. Apply to a thickness of approximately 314 inch. Keep lightly moistened far 48 hours before applying finish coat.Allow additional drying period in damp weather. d. Finish Coat of Adobe Plaster: Apply with sufficient pressure to assure good bond. Apply to a thickness of approximately 114 inch, smooth finish. Keep lightly moistened for 48 hours before applying whitewash. Allow additional drying period in damp weather. 7. Adobe Plastering: a. General: Apply plaster at exterior to a total thickness to match existing. If conditions do not exist to determine thickness,confer with Owner's Representative and Architect to determine historically accurate conditions. Care shall be taken to apply under weather conditions that will permit good curing.Control ambient temperature, air and humidity to produce work free of checks, cracks, and other imperfections. b. Masonry: Reduce excessive suction by moistening,24 hours before plastering,existing and new adobe blocks, and again just before application. Prepare nonabsorbent or rough surfaces by removing efflorescence then applying bonding agent. c. Scratch Coat: Apply with sufficient pressure to assure good bond. Apply to a thickness of approximately 314 inch. Keep lightly moistened for 48 hours before applying finish coat.Allow additional drying period in damp weather. d. Finish Coat of Adobe Plaster: Apply with sufficient pressure to assure good bond. Apply to a thickness of approximately 114 inch, smooth finish. Keep lightly moistened for 48 flours before applying whitewash. Allow additional drying period in damp weather. 8. Lime Adobe Plaster: a. General: Apply plaster at interior to a total thickness to match existing. If conditions do not exist to determine thickness,conferwith Owner's Representative and Architectto determine historically accurate conditions. Care shall be taken to apply under weather conditions that will permit good curing. Control ambient temperature, air and humidity to produce work free of checks, cracks, and other imperfections. b. Base Coats: Apply lime plaster in two or three base coats, as required to match existing. c. Finish coat: Finish coat shall be 1 part by volume hydrated lime and 3 parts aggregate (sand to match existing). 9. Whitewashing: a. General: Apply perthe U.S General Services Administration Historic Preservation Technical Procedures. b. Curing:Allow to dry a minimum of seven (7)days. " End division 4 The Historic Montanez Adobe Job Pio. 2008.11 IS Architecture April 21, 2009 Division 05 METALS Page 56 Section 05 50 00 -Metal Fabrications Divisi®n 05 - METALS Page 56 N �TBICASea, ivn4L 1. GENERAL: A. SUMMARY: Provide miscellaneous Metal Fabrications, as shown and specified per Contract Documents. B. REFERENCES: 1. American Institute of Steel Construction (AISC): a. AISC ASD Manual: Manual of Stee( Construction, Volume I and Volume II - Connections; based on Specification for Structura[ Steel Buildings--Ailowable Stress Provisions. b. AISC LRFD: Manual of Steel Construction. c. AISC 303: Code of Standard Practice for Steel Buildings and Bridges. 2. American Society for Testing and Materials(ASTM): Materials and testing standards as identified throughout this Section or within referenced manufacturers' standard specifications. 3. American Welding Society(AWS): a. AWS A2.1: Structural Welding Symbols. b. AWS D1.1: Structural Welding Code - Steel. 4. Steel Structures Painting Council (SSPC): Painting Manual. C. SUBMITTALS: 1. General: Submit product data, shop drawings and samples. 2. Closeout: Submit maintenance data and guarantee. D. QUALITY ASSURANCE: 1. General: Fabricator and installer specializing in the work of this Section with minimum three (3) years documented experience. 2. Welding: Performed by certified welders per AW S. 2. PRODUCTS: A. MATERIALS: 1. Steel: a. General: ASTM A36. b. Pipe (Round Hollow Structural Sections [HSSj): .ASTM A53, Type E or S, Grade B. 2. Fastenings: a. General: Bolts, nuts, screws, washers, and other various fastenings necessary for proper erection of work. Galvanized steel fastenings or other non-rusting types for exterior steel work. b. Exposed in Finished Surfaces: Tamperproof countersunk Phillips flat head screws, unless otherwise shown; finish to match adjacent surfaces. c. Plastic Screw Anchors: 1. General: Screw Anchors Manufactured by Hilti, Inc. 2. Alternate Manufacturers: Comparable products manufactured by U.S.Anchor Corp.,or accepted equal. 3. Self-drilling: Type HFP. 4. Impact: Type HPS. d. Drilled-in Concrete Anchors: 1. General: Kwik Bolt 3 manufactured by Hilti, Inc.;stainless steel or galvanized for exterior work. 2. Alternate Manufacturers: Comparable products with current 1CB4 approval and equal orgreater rated load capacity, manufactured by U.S.Anchor Corp., or accepted equal. 3. Galvanizing: a. General: Hot-dip process per ASTM A123 or ASTM A153,as applicable. Minimum coating: 2 oz. per square foot. b. Repair Treatment: 1. Rod: Per ASTM A780. 2. Coating: Per MIL-P-46105. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 METALS Division 05 Section 05 50 00 -Metal Fabrications Page 57 4. Protective Coatings: a. General: FS TT-C-494, Type ll; bituminous. b. Backing Paint: Zinc chromate, alkyd. 5. Plastic Cement: FS SS-C-153, Type 1, 6. Non-shrink Grout: Refer to Section 03 30 10 - CONCRETE. 7. Primer: Per Section 09 91 00 - PAINTING. 8. Bituminous Coating Coating: FS TT-C-494, Type II; bituminous. B. FABRICATtOW 1. Workmanship: a. General: Shop assemble work in largest practical sections; minimize field connections. Grind smooth parts exposed to view;remove weld marks and leave free of fabrication marks. Miter corners and edges unless otherwise shown. Make members true to length so assembling may be done without fillers. Bends, twists, open joints in finished members, or projecting edges or corners at connections will not be permitted. Miter, cope, and block carefully to produce tight hairline joints. Provide lugs, clips, connections, bolts, and fastenings necessary to complete fabrication. b. Exposed Steel: Comply with AiSC Architecturally Exposed Structural Steel fabrication requirements. c. Galvanizing: Galvanize steel in exposed exterior locations and in areas where moisture may be present at interior locations.Treat all areas burned off or damaged during fabrication with specified repair compound. d. Reinforcement: Provide proper reinforcement for hardware,and otherfabricated metal work, as required. e. Welding: Use sequence welding to minimize distortion and heat stresses. Weld by shielded electric arc process per AWS. Use continuous welding along entire area of contact, except where spot welding is permitted. Grind all welds smooth on exposed surfaces. Spot welding not permitted on exposed surfaces. f. Shop Painting and Priming of Surfaces to be Painted: Per SSPC standards. g. Dissimilar Metals: Isolate with bituminous coating. 2. Fabrications: Fabricate items complete, as shown. 3, EXECUTION- A, PREPARATION: 1. Examination: Examine conditions of work in place before beginning work; report defects. 2. Measurements: Take field measurements; report variance between plan and field dimensions. B. INSTALLATION: 1. General: Install in conformancewith referenced standards,manufacturer's written directions,as shown, and as specified. 2. Performance: a. General: Install with workers skilled in the particular type of work required. b. Coordination: Deliver miscellaneous metal items to be installed in concrete or masonry, complete with all clips, anchors or bolts necessary to secure them in place, c. Workmanship: Set work plumb and true; properly assemble and erect in a rigid and workmanlike manner. Do cutting, punching, drilling and tapping for attachment of other work coming into contact with fabricated metalwork where indicated oras directed. Do necessary cutting,drilling,and fitting for installation of fabricated metal work. Execute drilling, cutting, and fitting carefully; when required, fit work at job before finishing. No burning in field permitted. Replace, or repair parts damaged or injured during erection in an acceptable manner. Drill holes for fasteners to exact diameter as recommended by fastener manufacturer. Oversized holes or holes not properly located that produce misalignment of fastener will be rejected. d. Exposed Steel: Comply with AISC Architecturally Exposed Structural Steel installation requirements. e. Galvanizing: Treatareas burned off ordamaged during fabrication orerection with specified repair compound. f. Field Touch-up: Touch-up damaged surfaces and field welds of steel, scheduled to be painted, per SSPC standards. g. Protection: After erection, provide proper protection for fabricated metal items from other construction operations. h. Dissimilar Metals: Isolate with bituminous coating. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 05 METAS Page 58 Section 05 50 00 -Metal Fabrications 3. Instaflation: Install items complete; as shown. End Division 5 The Historic Montanez Adobe Job No. 2©08.91 IS Architecture April 21, 2009 Division 06 - WOOD, PLASTICS & COMPOSITES Page 59 + �� + 1. GENERAL: A. SUMMARY: 1. General: Provide Rough Carpentry, as shown and specified per Contract Documents. B. REFERENCES: 1. American Forest and Paper Association (AFPA): National Design Specification for Wood Construction. 2. American Lumber Standards Committee, Inc. (ALSC): Grading Standards. 3. The Engineered Wood Association (APA): Standard Grading Rules, 4, American Society for Testing and Materials(ASTM):.Materials and testing standards as identified throughout this Section or within referenced manufacturers standard specifications. 5. American Wood Preservers Association (AWPA): a. AWPA C1: All Timber Products - Preservative Treatment by Pressure Processes. b. AWPA C2: Wood Preservative Treatment by Pressure Process. c. AWPA C20: Fire Retardant Treatment by Pressure Process. d. AWPA M4: Standard for the Care of Pressure Treated Wood Products. 6. National Institute of Standards and Technology(NIST): a. PS 1: Construction and Industrial Plywood. b. PS-20: American Softwood Lumber Standard, 7. Redwood Inspection Service (RIS) Division of the California Redwood Association (CRA): Standard Specifications for Grades of California Redwood Lumber. 8. West Coast Lumber Inspection Bureau (W CLIB): Standard Grading Rules No., 17. 9. Western Wood Products Association (WWPA): Western Lumber Grading Rules. C. SUBMITTALS: 1. Genera[: Submit product data and samples if specifically requested. 2. Certificates: a. Pressure Treatment: Submit mill certificate verifying compliance as specified, for each shipment received, in addition to a stamp on each piece of lumber, from an approved independent inspecting agency operating under the overview of the ALSC. b. Lumber Grades: Where lumber and plywood is exposed to view and clear finished, provide Certificates in lieu of grade stamping and trade marks. 3. Closeout: Submit maintenance data, 2. PRODUCTS: A. MATERIALS: 1. Grading: a. General: NIST PS-20 and applicable lumberman's association rules, under which each lumber species is produced. b. Grade Marking: 1. Lumber: CBG Standard 23-1; each piece of lumber, factory marked with official grade mark of grading agency or independent agency operating under the overview of ALSC. 2. Plywood: CBC Standard 23-2 and PS 1-95;each panel legibly identified for type, grade and species by APA grade mark. 2. Lumber: a. General: Sizes dressed as shown, surfaced four(4) sides; 19 percent maximum moisture content; air or kiln dried. Boxed heart will not be permitted in lumber 3x or thicker. b. Lumber Grades: 1. General: Douglas fir-larch; to 4 inch thick - No. 2; 6 inch thick & larger- No. 1. 2. Sills: a) General: Pressure treated douglas fir-larch - No. 2 or better; AWPB marked. b) Non-bearing Stud Walls: Redwood, where specifically shown. 3. Posts, Beams and Stringers: Douglas fir-larch -Select Structural. 4, Miscellaneous Framing: a) Douglas Fir-Larch: Blocking, nailers, furring, bridging and stripping; No. 2 grade. b) Redwood: Where specifically shown; Foundation Grade, unfess otherwise noted. 3. Plywood: APA CD, with exterior glue; sizes as shown. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 06 WOOD, PLASTICS AND COMPOSITES Mage 60 Section 06 10 00 -Rough Carpentry 4. Wood Treatment: a. General: Manufactured by J. H. Baxter Co.; factory applied treatment, unless otherwise noted. b. Alternate Manufacturers: Comparable products manufactured by the California Cascade Industries, or accepted equal. c. Fire Retardant: AW PA C20, Exterior Type, chemically treated and pressure impregnated; capable of providing a maximum flame spread rating of 25. d. Wood Preservative 1, Pressure Treatment: AWPA C1 using water borne preservative. 2. Surface Application: Clear type. 5. Rough Hardware: a. Hangers, Clamps, Straps and Anchors: 1. General: Manufactured by Simpson Strong Tie Co., Inc.; types as shown. 2. Alternate Manufacturers:Comparable products with current ICC ES approval and equal or greater rated load capacity, manufactured by USP Lumber Connectors, or accepted equal. Submit ICC ES Report for review for all alternate products. . 3. Special Fabrications: Refer Section 05 50 00 - METAL FABRICATIONS. b. Fasteners: 1. Nails: a) General: ASTM F1667, common wire; hot-dipped galvanized for pressure preservative: treated and exterior work; electro galvanized for other work. Box and sinker nails not permitted. b) Redwood: Stainless steel at exposed exterior locations; hot dipped galvanized at concealed or interior locations. 2. Bolts and Nuts: ASTM A307, Grade A, including supplementary requirement S1; galvanized for exterior work. 3. Screws: Wood and lag screws per ANSIIASME B 18.2.1; galvanized for exterior work. 4. Washers: Malleable iron or standard cut steel, galvanized for exterior work. 5. Specialty Fasteners: a) General: Manufactured by Hilti, lnc.; galvanized for exterior work. b) Alternate Manufacturers: Comparable products with current ICC ES Report and equal or greater rated load capacity, manufactured by the US Anchor Corp., or accepted equal. c) Expansion Bolts: Kwik Bolt 3, type as shown. d) Concrete Screws: Kwik Con ll, type as shown. e) Powder Actuated Fasteners: Type as shown. 6. Building Paper: ASTM D226, 15 Ib. asphalt saturated felt. 7. Caulking: Provided under Section 07 92 10 -JOINT SEALERS, 3. EXECUTION: A. PREPARATION: 1. Scheduling: Coordinate work specified elsewhere that affects the work of this Section. 2. Examination: Examine conditions of work in place before beginning work; report defects. 3. Measurements: Take field measurements; report variance between plan and field dimensions. 4. Protection: a. General: Per Section 01 43 00 -QUALITY ASSURANCE. b. Security and Safety: Provide temporary protection and enclosures as required. c. Temporary Bracing: Provide bracing adequate to keep structure stable, plumb and in line: keep in place until permanent framing is completed. Provide bracing capable of supporting loads imposed by stockpiled material, erection equipment and otherloads, during construction. B, INSTALLATION: 1. General: Install in conformance with referenced standards,manufacturer's written directions,as shown, and as specified. 2. Erection: a. General: 1, Coordination: Coordinate placement of anchors,inserts, etc.,in concrete and masonry. Establish locations, lines, levels and provide cutting, patching and fitting as required to accommodate built-in Work specified in other Sections. 2. Lumber: Use new lumber; re-use not permitted unless authorized in writing by the Architect. Select lumber in a manner that allowable knots and obvious minor defects do not interfere with placement of bolts, nailing or structurai connections. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 WOO®, PLASTICS AND COMPOSITES Division 06 Section 06 10 00 -Rough Carpentry Page 61 3. Layout: As shown;set plates, nailing blocks, anchors, grounds, etc., as required. 4. Site Applied Wood Treatment. Brush apply two (2)coats of preservative treatment on wood in contact with cementitious materials, roofing and related metal flashing, and framing within 18 inches of finish grade. Treat site-sawn cuts. Allow preservative to dry prior to erecting members. 5. Fasteners: a) Nails: Per CBC Table 23A-II-B-1 unless otherwise noted. Space groups of nails no closer together than required penetration and notcloserthan Yz required penetration from cut ends or edges of lum ber. Prevent splitting due to nailing drill holes for nails no more than .75 diameter of nail. Where nails of normal length may penetrate through exposed work, use nail of specified diameter and shorter length. Use of nailing gun is subject to written approval of the Architect per CBC 2315A.3.3. b) Bolts and Nuts: Use steei pieces as template for location of holes; drill holes 1132 inch larger than diameter of bolts; tighten nuts or rods and bolts at time of installation. Re-tighten before covering up and just before final inspection and acceptance of the work; at exposed work, cut protruding bolt ends off to within 118 inch of nut and file off burrs. c) Washers: Install at bolts, nuts or lag screws bearing on wood; not required under heads of carriage bolts. d) Screws: 1) General: Hammering or driving in place not permitted. Use soap to lubricate screw threads, if required. 2) Lag Screws: Drill holes of same diameter and depth as shank; drill holes for threaded portion of screw no larger than 314 shank diameter. 3) Wood Screws: Drill lead holes for shank and threaded portions, hole diameter 718 of shank or thread root diameter. e) Powder Actuated Fasteners: 1) General: Install where shown or required; DO NOT install in structural connections required to carry computed stresses. 2) Application: Per Article 27, Powder-Actuated Tools, Paragraph 1585,of Title 8, CCR. b. Installation: 1. General: a) Structural Members: 1) General: Set level and plumb, in correct posftion; place horizontal members level, with crown side up. b) Framing Members: Construct fulf length withoutsplices;notching permitted onlywith approval of the Architect. c) Blocking:- 1) General: Provide as shown and where necessary to obtain required lines and levels in finished surface and to provide solid nailing. Secure blocking plumb and rigid; use wood shims wherever necessary to form true and even plane for finish materials. 2) Firestopping: Provide per CBC at interior and exterior walls at intersection with floor, ceiling and roof, and at all hollow concealed spaces. Install minimum 2x material by width of enclosed spaces within partition in continuous row to prevent vertical and horizontal draft. Maximum concealed air space of 10'-0"in any direction. 3) Backing; Provide blocking within walls where anchorage is required for equipment and accessories shown. 2. Wail Framing: a) General: Wood studs as shown; frame openings with multipfe studs at sides and headers as shown. b) Plates: Provide continuous sill plates, pressure treated when in contact with concrete, and double top plates. Lap top plate splices 4'-0" minimum; lap at wail corners and intersections. c) Studs: Continuous lengths without splices; provide solid blocking at plywood joints. d) Framing for Piping: Provide proper clearances; furr partitions as required. At pipe 1-112 inch diameter,or less, set pipe in center of plate using neat holes; no notching allowed. Holes in plates less than 5-112 inches in width, not allowed. e) Headers: Continuous members as shown. f) Corner Bracing: Continuous members as shown. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 06 WOOD, PLASTICS AND COMPOSITES Page 62 Section 06 20 00 -Finish Carpentry g) Sheathing: 1) Orientation: Secure with long dimension paralell to studs, with joints located over studs or solid blocking and end joints staggered; nailing as shown. 2) Joints: Minimum 1116 inch space at end joints and 118 inch at edge joints. 3) Penetrations: Penetration of structurally required sheathing to accommodate electrical or mechanical requirements must be approved in writing by the Architect. 3. Posts and Columns: As shown, straight, plumb and level; brace as required. 4. Roof Framing: a) General: Provide minimum bearing as shown at both ends of each member and anchor as shown. Provide solid blocking at plywood joints. b) Rafter Framing: Place rafters directly opposite each other at ridge; notch to fit exterior wall plates; bevel ends at ridge and hip. Provide double rafters at openings in roof. c) Sheathing: Secure with long dimension perpendicular to rafters, with joints located over rafters or solid blocking and end joints staggered; nailing as shown. Minimum 1116 inch space at end joints and 118 inch at edge joints. 5. Miscellaneous Framing: a) General: Provide nailers, backing, and stripping as necessary to obtain required lines and levels in finished surface. Secure plumb and rigid; use wood shims where required. Provide backing required for wall or ceiling hung fixtures and equipment. b) Buifding Paper: 1) General: Apply where shown,with 2 inch horizontal laps and 6 inch vertical laps at joints and corners. Repair damaged paper before installation of finish material. 2) Paper: Use 318 inch head galvanized nails spaced adequately to hold paper in place, without buckling. c) Caulking: Per Section 07 92 10 -JOINT SEALERS. d) Ventilating Hales: Provide in indicated sizes where shown. e) Mechanical and Electrical: Provide curbs: backing and blocking, as required for mechanical and electrical fixtures and equipment, 3. Tolerances: Per Section 01 43 00 - QUALITY ASSURANCE. Install to allow application of subsequent finish materials within specified tolerances. 4. Protection: During inclement weather, protect exposed roof sheathing and wood decking with protective waterproof covering until roofing has been installed. IFINISH CARPENTRY Section 06 20 00 1. GENERAL: A. SUMMARY: 1. General: Provide Finish Carpentry, as shown and specified per Contract Documents. B. REFERENCES: 1, American National Standards Institute (ANSI):A135.4 - Standard for Hardboard Manufacture. 2. The Engineered Wood Association (APA): Grading standards. 3. National Institute of Standards and Technology(NIST): PS-20. 4. Woodwork Institute (WI), Manual of Millwork. C. SUBMITTALS: 1. General: Submit product data, shop drawings and samples. 2. Certificates: a. General: WI Certified Compliance Certificate for fabrication and installation of casework in grade specified. 3_ Closeout: Submit maintenance data and guarantee. D. QUALITY ASSURANCE:. 1. Qualifications: Company specialized in the products specified in this Section with a minimum of three (3) years documented experience. The Historic Montanez Adobe Job No, 2008.11 IS Architecture April 21, 2009 WOOD, PLASTICS AND COMPOSITES Division 06 Section 06 20 00 - Finish Carpentry Rage 63 2. PRODUCTS: A. MATERIALS: 1. Lumber: a. General: 1, Grading: NIST PS-20 and applicable association rules under which each lumber species is produced. 2. Moisture Content: Per W I standards; not greater than 19 percent maximum for lumber and 15 percent for plywood; air-dry or kiln-dry. b. Exposed Softwood: 1. Douglas Fir: W I Custom Grade. 2. Redwood: WI Custom Grade. c. Wood Siding: Refer to Section 07 46 23 -WOOD SIDING. 2. Plywood: Douglas fir; APA, A-C Group 1 Exterior. 3. Wood Preservative Treatment: Per AW PA standards as specified in Section 06 10 00-ROUGH CARPENTRY, 4. Reed Matting: a. General: Indigenous Tulle reed; sizes as shown. Dry for 6 months minimum; 12% moisture content maximum. b. Rawhide Strapping: 5-7 ounce cowhide; amber color. 5. Fasteners: a. General: Of size and type to suit application; hot dipped galvanized at concealed locations; bright finish in exposed locations. b. Redwood: Stainless steel at exterior; hot dipped galvanized at interior and concealed locations. c. Concealed Joint Fasteners: Threaded steel. 6. Caulking Compound: Per Section 07 92 10 - JOINT SEALERS. B. FABRICATION: 1. General: Comply with WI requirements for moisture content at time of fabrication. 2. Millwork: a. General: Manufacture to Custom Grade standards, except where specifically noted otherwise. Mill to dimensions and profiles shown. Provide long lengths for field cutting and fitting. b. Exterior: Per Section 6 of the W I Manual of Millwork. c. Interior: Per Section 9 of the WI Manuaf of Millwork. Mill reverse side of material ("back- out") when lumber is over 518 inch thick and more than 1-518 inch wide. 3. EXECUTION: A. PREPARATION: 1. Environmental Requirements: Do not install interior finish work until building is closed, temperature can be maintained above 50 degrees F and all plaster is dry. 2. Examination: Examine conditions of work in place before beginning work; report defects. 3. Measurements: Take field measurements; report variance between plan and field dimensions. 4. Protection: Per Section 01 43 00 - QUALITY ASSURANCE. B. INSTALLATION 1. General: Install in conformance with referenced standards,manufacturer's written directions,as shown, and as specified. 2. Millwork: a_ General: Do not install millwork until wet operations are complete, with concrete, masonry and plaster work thoroughly dry, and millwork has been primed or sealed under Section 09 91 00 - PAINTING. Reseal cut edges, surfaces and ends as required. b. Exterior: 1. General: Exposed surfaces shall be free from tool marks, torn grain, cross sanding, or workmanship defects that cannot be concealed by specified painter's finish. 2. Wood Siding: Refer to Section 07 46 23 -WOOD SIDING. c. Interior: 1. General: Install plumb, square and true, securely wedged and anchored to structure. Countersink face nails. 2. Softwood Plywood: Install with joints bearing on studs or solid backing. Slightly bevel adjoining panel edges by sanding before installation. Finish nail around perimeter and at studs; set nails. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 06 WOOD, PLASTICS AND COMPOSITES Page 64 Section 06 20 00 -Finish Carpentry d. Trim Members: 1, General: Install level, plumb and true, with members neatly and accurately scribed in place. Install standing trim in single lengths, running trim in as long lengths as practical for species specified. Butt joints beveled together, exterior angles mitered, interior angles coped. 2. Exterior: Redwood, unless otherwise shown. 3. Interior: Douglas fir where shown. e. Reed Matting: 1. General: Install as shown. 2. Supporting Reeds:Install with rawhide strapping with galvanized fasteners as shown;wet before installation L Nailing: 1. Exterior Trim: 10d nails or less, use finish nails set 1116 inch without putty; 10d nails or over, use galvanized common nails driven flush without hammer marks or putty. 2. Interior: a) Trim: Set nails 1116 inch, minimum; no putty where clear finish is scheduled. b) Plywood: As shown, set nails 1116 inch, minimum. g. Site Applied Wood Treatment: Apply preservative treatment in accordance with manufacturer's instructions. Brush apply two(2)coats of preservative treatment on wood in contact with cementitious materials and roofing and related metal flashings. Treat site-sawn cuts and drilled holes. Allow preservative to dry prior to erecting members. * End Division 6 The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 07 . THERMAL & MOISTURE PROTECT ®H Page 65 MD-S. AKES Sic# a 0? 31 W 1. GENERAL: A. SUMMARY: Provide Wood Shingles, as shown and specified per Contract Documents. B. REFERENCES: 1. American Society for Testing and Materials(ASTM): Materials and testing standards as identified throughout this Section'or within referenced manufacturers' standard specifications. 2. American Wood Preservers Association (AWPA): Preservative (Cl) and fire retardant (C20) treatment. 3. Cedar Shingle and Shake Bureau(CSSB): Grading Rules for Red Cedar Shingles and Handsplit Shakes. 4, National Roofing Contractors Association (NBCA): a. General: NRCA Roofing and Waterproofing Manual. b. Steep Slope: NRCA Roofing Manual - Steep Slope Roofing Systems, 5, Underwriters Laboratories, Inc. (UL): Fire Resistance Directory and Building Material Directory. a. UL 580: Wind Uplift. b. UL 790: Fire Resistance C. SUBMITTALS: 1. General: Submit product data, shop drawings and samples. 2. Certificates: Submit certification stating that materials qualify for required UL rating when installed as specified. 3. Closeout: Submit maintenance data and guarantee in required form for a period of twenty (20) from date of final acceptance by Owner. D. QUALITY ASSURANCE: 1. Qualifications: Instalter specializing in the work of this Section with minimum three (3) years documented experience. 2. PRODUCTS: A. MATERIALS: 1. Shakes: a. General: CSSB Corti-Grade No. 1 Blue Label redwood shakes. Fire-retardant pressure- treated by process qualifying for UL Class rating as shown. b. Ridge: CCSB Certi-Ridge Number 3 Grade Red Label redwood hip and ridge shakes. 2. Underlayment: a. Roofing Felt: ASTM D226, unperforated. b. Cap Sheet 1. General: ASTM D3909; GlasKap CR manufactured by the Johns Manville, Roofing Systems Group. 2. Alternate Manufacturers: Comparable products manufactured bythe Malarkey Roofing Co., or accepted equal. c. Foil: 1. General: .002 inch polyethylene coated steel foil in 27 inch wide rolls, as manufactured by Koppers Industries, Inc. 2. Alternate Manufacturers: No known equal. 3. Fasteners: a. General: Hot-dip galvanized nails; 6d field; 8d for ridges and hips. b. Roofing Felt and Cap Sheet: I. General: Galvanized annular thread; 11 gage X 1 inch long with 1 inch square caps, manufactured by the Simplex Nail and Manufacturing Co. 2. Alternate Manufacturers: Comparable products manufactured by the Olympic Manufacturing Group, Inc., or accepted equal. 4. Wood Preservative Treatment: a. Surface Application: AW PA clear type. b. Fire Retardant: AWPA Treatment C20, Exterior Type, chemically treated and pressure impregnated; capable of providing a maximum flame spread rating of 25. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 07 THERMAL AND MOISTURE PROTECTION Page 66 Section 07 92 10 -Joint Sealers 3. EXECUTION: A. PREPARATION: 1. Scheduling: a. General: Wherever watertightness is dependent on sheet metal, assume full responsibility for coordinating work and assume responsibility for entire assembly. b. Underlayment: Coordinate installation of foil underlayment with installation of plywood sheathing under Section 06 10 00 - BOUGH CARPENTRY, to ensure compliance with UL requirements for fire resistance. 2. Environmental Requirements: Do not install eave edge(ice dam) protection when temperature is below 40 degrees F. 3. Examination: Examine conditions of work in place before beginning work; report defects. 4. Measurements: Take field measurements; report variance between plan and field dimensions. 5. Surface Preparation: a. General: Sweep roof deck clean; keep free of loose and foreign materials. b. Deck Surface: Dry and free of rough spots, ridges, projections, pockets or depressions. Cover knot holes larger than 1 inch and cracks wider than 114 inch with sheet metal. c. Penetrations: Install pipes, vents, etc., through the deck before finish is applied. Provide pipes with sleeves and flanges of the type and size to assure waterproof seat. d. Sheet Metal; Verify that installation of metal flashings has been properly completed. B. INSTALLATION: 1. General: Install in conformance with referenced standards,manufacturer's written directions,as shown, and as specified. 2. Undertayment: a. Felts: Lay 36 inch wide strip of roofing felt over roof sheathing starting from eave fine;double starter course. Lap felt with 2 inch side laps; 4 inch end laps; and turn up 4 inch at vertical surfaces. Nail sufficiently to hold in place. b. Cap Sheet: Apply mineral surface cap sheet with laps staggered 3'-0", minimum. c. Foil Install where requfred for UL Class"B"Roof. Apply two(2)strips of foil at eaves, with 2 inch overlap in middle of each sheet of plywood. Leave 4 inch overhang of foil at top to be covered with underlayment; provide all horizontal plywood joints with 4 inch minimum of foil on underside of sheathing. 3. Sheet Metal: a. General: Provided under Section 07 60 00- FLASHING AND SHEET METAL. b. Flashing: Install step flashings,metal crickets,saddlebacks or other flashings in a watertight manner, where shown. Shingle in as required. c. Drip Edge Flashing: Install on top of underlayment felt and nail at 12 inches on center. 4. Application: a. General: Provide UL rating as required. Lay shingles with a 114 inch space between each, with joints in adjacent course a minimum of 1-112 inches apart. At eaves extend double course of shingles 1-112 inches past fascia; extend shingles 112 inch past rake fascia. b. Nailing: Place each nail not more than i inch from side edge of shingle and not more than I inch above exposure line. Drive nails flush; do not drive nail heads into shingles. c. Exposure: 7-1/2 inches. d. Ridges: Apply with same doubled starter course and exposure. Alternate overlaps. [TOPI ®1NT SEALERS Secl�n 072 D:'' 1. GENERAL: A. SUMMARY: Provide Joint Sealers, as shown and specified per Contract Documents. B. REFERENCES: 1. American Society forTesting and Materials(ASTM): Materials and testing standards as identified throughout this Section or within referenced manufacturers' standard specifications. 2. Sealant, Waterproofing and Restoration Institute (SWRI): Sealant and Caulking Guide Specification. 3, Underwriters Laboratories, Inc. (UL): Fire Resistance Directory and Building Material Directory. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 THERMAL AND MOISTURE PROTECTION Division 47 Section 07 92 10 -Joint Sealers Page 67 C. SUBMITTALS: 1. General: Submit product data, samples, and certification that sealants proposed for use comply with the Contract Documents. 2_ Closeout:Submit maintenance data and guarantee in required form fora period often(10)years from date of final acceptance by Owner. D. QUALITY ASSURANCE: 1. Qualifications: a. General: The manufacturer of the sealant used shall have been in the business of manufacturing the specified types of such sealants for not less than 10 years. b. Applicator: Installer specializing in the work of this Section with minimum five (5) years documented experience. c. Volatile Organic Compounds (VOC): Use only products in compliance with VOC content limits required by Federal and State EPA regulations. 2. Compatibility with Substrate: Verify that caulking and sealants used are compatible with joint materials. 3. Joint Tolerances: Comply with manufacturer's joint width/depth ratio limitations. 2. PRODUCTS: A. MATERIALS: 1. Joint Sealers: a. General: Manufactured by Tremco, Inc. b. Afternate Manufacturers: Comparable products manufactured by the Pecora Chemical Corp., or accepted equal. c. Color: 1. Concealed Joints: Manufacturer's standard color having best overall performance characteristics for indicated application. 2, Exposed Joints: Custom color selected by Architect. 2. Exterior Joints: Non-sag polyurethane; Dymonic. 3, Interior Joints: Acrylic Latex, Trem Glaze SA1100. 4, Joint Cleaner: Provide cleaner recommended by sealant manufacturer for specific joint surface and condition. 5. Joint Primer and Sealer: Non-corrosive and non-staining type as recommended by sealant manufacturer for each condition. 6. Joint Backing: Round, open cell non-gassing polyurethane foam rod or ctosed cell polyethylene foam as recommended by the manufacturer, oversized 30 percent larger than joint width. 7. Bond Breaker: Pressure sensitive tape as recommended by sealant manufacturer to suit application. 8. Masking Tape: Nonstaining,nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. 9. Other Materials: Manufacturer's standard for items requfred or type best suited for proper execution of the work. 3. EXECUTION: A. PREPARATION: 1. Environmental Requirements: Do not apply materials when temperature is below 40 degrees F, or under extreme temperature conditions when joint width is expanded or contracted beyond normal conditions. 2. Examination: a. General: Carefully examine before beginning work; report defects. b. Substrate: Inspect surfaces to insure that no previously installed bond-breaker materials contaminate the surface to which the sealant is to adhere. Require repair. of unsound substrates. Commencement of work constitutes acceptance of substrate. 3. Storage: Per manufacturer's recommendations for proper precautions for shelf life,temperature, humidity and similar storage factors to ensure the fitness of the material when installed. 4. Surface Preparation: a. General: Prepare joints in accordance with manufacturer's instructions to ensure maximum adhesions. Remove loose materials and foreign matter that might impair adhesion of sealant. b. Masking: Tape as required to prevent contact of sealant with adjoining surfaces to prevent permanent staining,damage by contact,or by cleaning methods required to remove sealant smears. c. Sealants: Prepare as required, including proper mixing of multi-component sealants. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 07 THERMAL AND MOISTURE PROTECTION Page 68 Section 07 92 10 -Joint Sealers 5. Protection: Protect surfaces adjacent to joints to receive sealant. Cover joints in walking surfaces with heavy duty, non-staining tape, until material has dried. B. APPLICATION: 1. General: Install in conformance with referenced standards,manufacturer's written directions,as shown, and as specified. 2. Installation: a. General: Install per manufacturer's instructions, within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within recommended ranges. b. Joint Cleaner: Apply per manufacturer's instructions. c. Primer: Apply as required; protect adjacent exposed surfaces. d. Backing: Install to achieve a neck dimension.no greater than 113 of the joint width, unless otherwise shown. Use blunt or rounded tools to insure uniform (+or-118 inch)depth without puncturing material, Use oversize backer rod; minimum of 33% for closed cell type; minimum of 50 percent for open cell type, unless otherwise required by the manufacturer. e. Bond Breaker: install where joint backing is not used. f. Sealant: Install free of air pockets,foreign embedded matter,ridges,and sags;prevent three sided adhesion. Measure joint dimensions and size materials to achieve required 2:1 width/depth ratios,unless otherwise noted. Provide sealant depth of one half(1/2)joint width; minimum depth of 114 inch; maximum of 112 inch, unless otherwise required by the manufacturer. End Division 7 The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 0 - OPENINGS Page 69 NOT USED "End Division 8 The Historic Montanez Adobe Job No. 2908.11 IS Architecture April 21, 2009 Division 09 - FINISHES Page 7'1 PAINTING84CUO 0.9 91 .00 1. GENERAL: A. SUMMARY: 1. General: Provide Painting, as shown and specified per Contract Documents. B. REFERENCES: 1. American Society for Testing and Materials (ASTM): a. General: Materials and testing standards as identified throughout this Section. b. ASTM D16: for interpretation of terms used in this Section. 2. Master Painters Institute (MPI): Painting Manuals. 3. National Paint and Coatings Association (NPCA): Guide to U.S. Government Paint Specifications. 4. Painting and Decorating Contractors of America (PDCA): Painting-Architectural Specifications Manual. 5, Steel Structures Painting Council (SSPC): Steel Structures Painting Manual. C. SUBMITTALS: 1. General: Submit product data and a certificate stating compliance with federal, state and local VOC regulations. 2. Samples: Submit manufacturer's standard colors for each surface finishing product specified. 3. Closeout: a. General: Submit maintenance data. b. Extra Stock: Deliver one percent(1%)or a minimum of one(1)gallon of each color,type and surface texture of paint installed. Label each container with color, type, texture and room locations. c. Guarantee: 1. General: Provide in required form for a period of one (1) year from date of final acceptance by Owner. 2. Criteria: Color and finish appearance shall remain unchanged throughout entire guarantee period. D. QUALITY ASSURANCE: 1. Applicator: Specializing in performing the work of this Section with minimum three (3) years documented experience. 2. Volatile Organic Compounds (VOC): Use only products in compliance with VOC content limits required by state and local jurisdictional regulations. 2. PRODUCTS: A. MATERIALS: 1. Manufacture: a. General: Specified products are premium grade products of the Kelly-Moore Paint Co., Inc., unless otherwise indicated. b. Alternate Manufacturer's: Comparable products manufactured by the Frazee Paint Go., or accepted equal. c. Container Label: Identify with manufacturer's name,and include description of type of paint, brand name, lot number, brand code and color designation. 2. Paint Materials: a. General: Provide manufacturer's standard ready mixed products, except field catalyzed coatings. Provide accessory materials such as linseed oil, shetac, thinners, cleaners and other materials not specifically indicated but required to achieve finishes specified. b. Patching Material: Latex type as recommended by manufacturer. c. Primer: 1. General: a) Multi-Surface: 250 Calor Shield. b) Metal (Zinc Chromate): 1725 Acry-Shield. c) Metal (Galvanized): 1725 Acry-Shield. d) Metal (Ungalvanized): 1710 Kel-Guard. 2. Exterior: a) Wood: 220 Weather Shield. The Historic Montanez Adobe .lob No. 2008.11 IS Architecture April 21, 2009 Division 08 OPENINGS Page 72 Section 08 14 36 - Interior Wood Panel Floors 3. Interior: a) Wall P.V.A. (Wall Sealer): 970 Acry-Plex. b) Wood (Enamel): 985 Fio-Cote. d. Paints: 1. Exterior: a) Housepaint, Semi-Gloss: 1250 Acry-Shield. 2. [nterior: a) Enamel, Eggshell: 1640 Acry-Plex. b) Enamel, Semi-Gloss: 1650 Acry-Plex. 3. Whitewash: Referto Section 04 24 24 -ADOBE UNIT MASONRY RESTORATION. B. MIXING: 1. General: Mix paints at the factory; do not alter or reduce materials except as directed by manufacturer. 2. Colors: As selected by Architect from manufacturer's full range;of subm itted sam pies;factory m ix match. No tinting of finish coats will be allowed at job site unless specifically approved by Architect. 3. Mildew Resistance: Add fungicidal agent to paint per manufacturer's recommendations; approximately 4 oz. per gallon. Add agent at the factory; clearly indicate on label that paint is mildew resistant. 4. Whitewash: Refer to Section 04 24 24 - ADOBE UNIT MASONRY RESTORATION. 3. EXECUTION: A. PREPARATION: 1. Environmental Requirements: a. General: Do not apply exterior coatings during rain or snow, or when relative humidity is outside the humidity ranges required by the manufacturer. b. Temperature: 1. General: Do not apply materials when surface and ambient temperatures are outside the temperature ranges required by the manufacturer. 2. Exterior Paints: 50 degrees F minimum during and for48 hours after application; do not apply when temperature is over 85 degrees F, except in protected or shaded areas. 3. Interior Paints: 65 degrees F for minimum of 48 hours before, during and for 48 hours after application. c. Ventilation: Provide adequate ventilation of all interior spaces during application and curing of all painting products. d. Lighting Level: Provide minimum 80 foot candles measured at mid-height of room. 2. Examination: a. General: Examine conditions of surfaces in place before beginning work; report defects. b. Shap Applied Primer. Test for compatibility with subsequent cover materials. c. Moisture Content: 1. General: Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces are below the following maximums: 2. Plaster and Gypsum Wallboard: 12 percent. 3. Adobe Unit Masonry: 12 percent. 4. Wood: 15 percent, measured in accordance with ASTM D2016. d. Acceptance: 1. General: Application of first coat of painting process constitutes acceptance of surface. 2. Gypsum Board: Inspect after application of seal coat;application of subsequent coat of painting process constitutes acceptance of surface. 3. Storage: a. General: Store in property ventilated separate structure not less than 50'-0"from any other structure on the site. b. Temperature: Maintain minimum of 45 degrees F and a maximum of 90 degrees F. c. Fire Prevention: Take necessary precautions to prevent fire; remove paint-soiled rags and waste from building each day or store in metal containers with covers in the paint storage structure, 4. Protection: Protect adjacent surfaces not scheduled for paint finish from damage resulting from painting operations. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 OPENINGS Division 08 Section 08 14 36 -Interior Wood Panel Doors Page 73 5. Surface Preparation: a. General: Remove or mask electrical plates, hardware, light fixture trim, escutcheons, and fittings prior to preparing surfaces or finishing. Correct defects and clean surfaces which affect work of this section. Remove existing coatings that exhibit loose surface conditions. Use Shellac to seal marks which may bleed through surface finishes. b. Impervious Surfaces: Remove mildew byscrubbing with solution oftrisodium phosphate and bleach. Rinse with clean water and allow surface to dry. c. Gypsum Board Surfaces: Fill minor defects with filler compound; spot prime defects after repair. d. Galvanized Surfaces: remove surface contamination and oils; wash with solvent. Apply coat of etching primer. e. Uncoated Steel and Iron Surfaces: Remove grease, mill scale,weld splatter, dirt, and rust. Where heavy coatings of scale are evident, remove by hand/power tool wire brushing or sandblasting;clean by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly cleaned. Spot prime paint after repairs. f. Shop Primed Steel Surfaces: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces. Verify compatibility of specified primer and paint with shop applied primer. g. Exterior Wood: Remove dust,grit,and foreign matter. Seal knots, pitch streaks, and sappy sections. Fill nail holes with tinted exterior caulking compound after prime coat has been applied. h. Interior Wood: Wipe off dust and grit prior to priming. Seal knots, pitch streaks, and sappy sections with sealer. Fill nal( holes and cracks after primer has dried; sand between coats. L Wood and Metal Doors Scheduled for Painting: Seal top and bottom edges with primer. 6. Existing Fixtures: Remove or mask existing building detail accessories not to be painted;reinstall at completion of painting operations. B. APPLICATION: 1. General: Install in conformance with referenced standards,manufacturer's written directions,as shown, and as specified. 2. Performance: a. General: Apply each coat to uniform finish, slightly darker than preceding coat unless otherwise approved. Sand wood and metal lightly between coats to achieve required finish. Vacuum clean surfaces free of loose particles; use tack cloth just prior to applying next coat. Allow applied coat to dry before next coat is applied. b. Clear Finishes: Where required, tint fillers to match wood; work fillers into the grain before set and wipe excess from surface. c. Woodwork: Prime concealed surfaces of woodwork; where scheduled to receive stain or varnish, finish with gloss varnish reduced 25 percent with mineral spirits. 3. Finishing Meehanicaland Electrical Equipment: Referto Division 21 -FIRE SUPPRESSION;22- PLUMBING; 23 - HEATING, VENTILATING AND AIR CONDITIONING; 26 - ELECTRICAL for schedule of color coding and identification banding of equipment,ductwork,piping, and conduit. Paint shop-primed equipment. Remove unfinished louvers, grilles, covers, and access panels on mechanical and electrical components and paint separately. Prime and paint insulated and exposed pipes, conduit, boxes, insulated and exposed ducts, hangers, brackets, collars and supports,except when items are pre-finished. Paint interior surfaces of air ducts that are visible through grilles and louvers with one coat of flat black paint. Paint dampers exposed behind louvers and grilles to match face panels. Paint exposed conduit and electrical equipment occurring in finished areas. Paint both sides and edges of plywood backboards for electrical and telephone equipment before installing equipment. 4. Exterior Surfaces: a. Wood; Painted: One (1)coat primer sealer; two (2) coats enamel, semi-gloss. b. Adobe: Whitewash; refer to Section 04 24 24-ADOBE UNIT MASONRY RESTORATION. c. Steel; Unprimed: One (1) coat primer; two (2) coats of enamel, semi-gloss. d. Steel; Shop Primed: Touch-up with primer (zinc chromate); two (2) coats enamel, semi-gloss. e. Steel; Galvanized: One (1) coat primer(galvanized); two (2) coats enamel, semi-gloss. 5. Interior Surfaces: a. Wood; Painted: One (1)coat prime sealer; two (2) coats enamel, semi-gloss. b. Adobe: Whitewash; refer to Section 04 24 24-ADOBE UNIT MASONRY RESTORATION. c. Steel; Unprimed: One (1) coat primer; two (2) coats enamel, semi-gloss. d. Steel; Primed: Touch-up with primer; two (2) coats enamel, semi-gloss. e. Steel; Galvanized: One (1) coat primer(galvanized); two (2) coats of enamel, semi-gloss. The.Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 08 OPENINGS Page 74 Section 08 14 36 - Interior Wood Parcel Doors C. CLEANING: 1. General: Upon completion,remove masking materials,reinstall electrical cover plates,hardware, light fixture trim, escutcheons, and fittings removed prior to finishing, and thoroughly clean all exposed surfaces per manufacturer's instructions. Keep premises free from accumulation of waste and rubbish. At the completion of work remove surplus materials, rubbish, and debris. 2. Touch-up: After detailed inspection of paint work, touch up or refinish abraded, stained or otherwise disfigured work, as required by the Architect. 3. Cleaning: Remove containers, rags and debris from the site;observe special care in control or disposal of flammable materials. * End Division 9 The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 10 - SPECIALTIES Page 75 'OTU, * End Division 10 Division 11 - EQUIPMENT NOT USS End Division 11 Division 12 - FURNISHINGS O USED End Division 12 Division 13 - SPECIAL CONSTRUCTION ' OTU End Division 13 Division 14 - CONVEYING EQUIPMENT * End Division 14 The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 15 through 24 - UNASSIGNED Page 76 NoTSE{3 End Division 20 " Division 21 - FIRE SUPPRESSION NST USED End Division 21 Division 22 - PLUMBING NOT USEC * End Division 22 Division 23 - HEATING, VENTILATING AND AIR CONDITIONING ' 07M End Division 23 Division 24 - UNASSIGNED NO USED End Division 24 The Historic Montanez Adobe Jab No. 2008.11 IS Architecture April 21, 2009 Divisions 25 - INTEGRATED AUTOMATION Page 77 �or u�ED End Division 25 The Historic Montanez Adobe Jab No. 2008.11 IS Architecture April 21, 2009 Division 26 - ELECTRICAL Page 79 IED.ium VOLTAGE E:LECTR1CAL DISTRIBUTIO Sectid 26 10 00 1. GENERAL: A. SUMMARY: Provide Medium Voltage Electrical Distribution, as shown and specified per Contract Documents. B. REFERENCES: I. American National Standards Institute (ANSI): Standards as noted. 2. American Societyfor Testing and Materials(ASTM): Materials and testing standards as identified throughout this Section or within referenced manufacturers' standard specifications. 3. Institute of Electrical and Electronics Engineers (IEEE): Standards as noted. 4. National Electrical Manufacturers Association (NEMA): Standards as noted. 5. Sheet Metal and Air Conditioning Contractors National Association (SMACNA): Standards as noted. 6.Underwriters Laboratories, Inc. (UL): Fire Resistance Directory and Building Material Directory. C. SUBMITTALS: 1. General: Submit product data and sampfes. 2. Submittal Drawings: a. Design and Construction Documents: 1. General: Submit construction documents based on the schematic plans shown on the Drawings,as required to obtain Building Department approval. Arrangement of systems shown on schematic plans are diagrammatic and indicate minimum requirements. Where size,capacity,model, style or other pertinent information is not indicated, provide equipment,seismic bracing system,fixtures or materials of size,qualityand utilitywhich will adequately serve the building and conform to CBC requirements. 2. Drawings: a) General: Prepare on 24 inch x 36 inch reproducible vellum. b) Plans: Provide construction drawings ordered and numbered as follows: SS1.1 SITE PLAN; Scale: 1"=30'-0". SS2.1,2 BUILDING PLANS; Scale: 114"=1'-0" SS3.1,2 EQUIPMENT SCHEDULES, DETAILS, etc.; Scale as required to present a completely clear solution to the specified Design Requirements. c) Specifications: Incorporate all information needed to adequately describe installation. Use CSI three part Section format. d) Calculations: As required by the applicable codes, local ordinances and in compliance with the stated design requirements. b. Building Department Submittal: 1. General: Submit specified drawings, calculations and specifications to Architect for review before submittaito Building Department. Upon receiptof comments of Architects review, incorporate requested revisions and prepare Building Department submittal. 2. Submittal Requirements: Submit reproducible transparencies of drawings, specifications, calculations, and other supporting documents required by this Section to Building Department. Filing fee will be paid by Owner. Make changes or corrections required by Building Department. 3. Approved Documents: Forward approved reproducible transparencies of drawings and seven (7) copies of Specifications to Architect for distribution. Do not begin installation of fire suppression system until plans and specifications have been approved and distribution of documents has been completed. 4, Fees and Permits: Obtain and pay for permits and service required in installation of this work; arrange for required inspections. 3. Closeout: Submit maintenance data and guarantee in required form for a period of one (1)year from date of final acceptance by Owner. D. QUALITY ASSURANCE: 1. Design-Build Documents: Prepared by a consulting engineer registered to practice in the State of California. The Historic Montanez Adobe Job No. 2408.11 IS Architecture April 21, 2009 Division 26 ELECTRICAL Page 80 Section 26 10 00 -Medium Voltage Electrical Distribution 2. PRODUCTS: A. MATERIALS: 1. Electrical Distribution: a. Low-voltage Wire and Cable: 6 AWG building wire manufactured by the America Insulated Wire Corp., or accepted equal. b. Metal-clad Anchor Armored Cable: Manufactured by American Cable Systems (ACS)IUni- Fab., or accepted equal. c. Wiring Connectors and Terminations: Manufactured by the 3M Company. d. Grounding and Bonding: UL 467 and IEEE Std. 142. e, Electrical Hangers and Supports:Products manufactured by O-ZlGedney Division of the EGS Electrical Group., or accepted equal. f. Conduit: Galvanized Rigid Steel Conduit (GRS) - ANSI C80.1 and UL 6; PVC Insulated Galvanized Rigid Steel Conduit (PVCIGRS) - ANSI C80.1 and NEMA RN-1; Intermediate Metal Conduit (IMC) - ANSI C80.6 and UL 1242; Electrical Metallic Tubing (EMT): - ANSI 080.3 and UL 797; Rigid Non-metallic Conduit (PVC) - Schedule 40 or 80 per NEMA TC1 and UL 651. g. Boxes: Outlet, pull and junction boxes per ANSUNEMA OS-1. h. Lighting: 1. Control Devices: Control Systems manufactured by Lithonia Lighting Division of Acuity Brands Co., or accepted equal. 2. Light Fixtures: Wire Form Track Fixtures Model No. ET665W manufactured by Elco Lighting. i. Panelboards: NEMA P131 I-Line Power Distribution Panelboards manufactured by the Square D Division of Schneider Electric., or accepted equal. j. Cabinets and Enclosures: Per NEMA 250 as manufactured by the Square D Division of Schneider Electric., or accepted equal. k. Wiring Devices: Manufactured by the Square D Division of Schneider Electric., or accepted equal. L Enclosed Switches and Circuit Breakers: NEMA AB1 Insulated Case Circuit Breakers manufactured by the Square D Division of Schneider Electric., or accepted equal. rn. Cathodic Protection: USACE EM 1110-2-2704-Cathodic Protection Systems for Civil Works Structures. 2. Fasteners: As recommended by manufacturer. 3. EXECUTION: A. PREPARATION: 1. Examination: Examine conditions of work in place before beginning work; report defects. 2. Measurements: Take field measurements; report variance between plan and field dimensions. B. INSTALLATION: 1. General: Install in conformance with referenced standards,manufacturer's written directions,as shown, and as specified. 2. Alarm Keypad: Relocate as shown. End Division 26 The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Division 27 - COMMUNICATIONS Page 81 D USED " End Division 27 Division 27 - COMMUNICATIONS Page 81 NOT USE End Division 27 Division 29 and 30 - UNASSIGNED Page 81 RIOT USED * End Division 39 The Historic Montanez Adobe .fob No. 2008.11 IS Architecture April 21, 2009 Divisi®n 31 - EARTHWORK Page 83 ETHWRK' Section' 34::::20:. 1. GENERAL: A. SUMMARY: 1. General: Provide Earthwork, as shown and specified per Contract Documents, B. REFERENCES: 1. Local Jurisdictions: Perform work in accordance with municipal agency and utility company standards and requirements. 2. American Association of State Highway and Transportation Officials (AASHTO): Standards. 3. American National Standards Institute (ANSI): Standards. 4. American Public Works Association (APWA): Standard Specifications for Public Works Construction. 5. American Society for Testing and Materials (ASTM): a. General: Materials and testing standards as identified throughout this Section or within referenced manufacturers standard specifications. b. ASTM D2487: Classification of Soils for Engineering Purposes. 6. State of California, Department of Transportation (CalTrans): a. Specifications: CaITRANS Standard Specifications. b. Plans: CaITRANS Standard Plans. 7. California Occupational Safety and health Administration (CafOSHA): Construction Safety Orders. 8. California State Industrial Accident Commission (CSIAC): Trench Construction Safety Orders. 9. U.S. Occupational Safety and Health Administration (OSHA): Standards-29 CFR, PART 1926 Safety and Health Regulations for Construction, Subpart P - Excavations. C. SUBMITTALS: 1. General: Submit product data, shop drawings, samples and test reports. D. QUALITY ASSURANCE: 1. Reference Documents: Plans and specifications for existing construction,to the extent that they are available, may be inspected at Architect's office. 2. PRODUCTS: A. MATERIALS: 1. Fill Materials: a. Engineered Fill: 1. General: Existing on-site materials supplemented with import material as needed to meet the following requirements. 2. Import Fill: Inorganic R value of 25, liquid limit less than 35, plastic index fess than 10, with the following gradations: Sieve Size Percentage Passing 4 inch 100 percent 314 inch 70 percent No. 4 100 percent No. 200 50 percent 3. On-site Fill: Inorganic, no rocks larger than 6 inches, liquid limit of less than 40 and plastic index less than 15. 4. Backfill: a) General: Granular, non-expansive soil; free of organic or deleterious material, no rocks larger than 6 inches, and with not more than 15 percent of the rocks or lumps larger than 2-318 inches in their greatest dimension. b) Sand: Natural river or bank sand; washed, free from organic and other foreign material. 5. Base, Drain and Aggregate Fill: a) General: Materials free of silt,clay,loam, shale,friable or soluble materials,debris, vegetation and foreign matter. b) Coarse Gravel: 112 inch minimum, 2 inch maximum; crushed natural stone. c) Pea Gravel: 1/4 inch minimum, 5/8 inch maximum: natural stone. d) Permeable Base Material: Refer to CafTRANS Section 68, Class 2. The Historic Montanez Adobe ,lob No. 2008.11 IS Architecture April 21, 2009 Division 31 EARTHWORK Page 84 Section 31 20 10 -Earthwork 6. Concrete Fill: Refer to Section 03 30 10 - CONCRETE. b. Topsoil: 1, General: Excavated and reused material,graded,free of roots,rocks larger than 1/2 inch, debris, vegetation and foreign matter. Top 4 inches of soil below existing grade is defined as native topsoil 2. Imported: Friable loam; free of roots, rocks larger than '/a inch, subsoil, debris, vegetation, and foreign matter, with an acidity range (pH) of 5.5 to 7.5, containing a minimum of 4 percent and a maximum of 25 percent inorganic matter. 2. Soil Toxicant Material: Refer to Section 31 31 00 - SOIL TREATMENT. 3. Water: Potable; free of deleterious materials. 3. EXECUTION: A. PREPARATION: 1. Environmental Requirements: fro not place, spread or compact fill material during unfavorable weather conditions. When work is interrupted by rain,do not proceed with fill operations until field tests indicate that moisture content and density of previously placed fill is satisfactory. 2. Examination: Examine conditions of work in place before beginning work; report defects. 3. General: Verify site conditions shown, report all unidentified conditions to the Architect. 4. Utilities: Should unknown active utilities be encountered during work,haltoperation and promptly notify the Architect. Do not proceed until identified and instructions are received from responsible utility company. 5. Archaeological Artifacts: a. General: An Archaeological Observer shall be on the Site during all earth disturbance operations; schedule operations with Owner. b. Artifacts: Should any objects of possible historic interest be encountered during operations, halt work in area of discovery and immediately contact the Architect for notification of appropriate authorities. S. LAYOUT: 1. Generali: Establish lines,levels and grades;locate work,including existing underground utilities; set markers and stakes. 2. Trees and Shrubs: Tag or identify existing plant life designated to remain. C. PROTECTION: 1. General: Erect and maintain barricades and protection facilities, as required. 2. Bench Marks: Protect survey control points from damage or displacement. 3. Utilities: Maintain and protect existing utilities to remain. 4. Underpinning: Underpin adjacent structures, including service utilities and pipe chases, as required to prevent damage by excavation work. 5. Shoring, Sheeting,Lagging andBracing: Provide as required to maintain excavations and banks in a safe and stable condition. 6. Trees: Carefully protect existing trees and shrubs identified to remain. Replace existing trees and shrubs outside building area damaged by operations. 7, Blasting: Not permitted. 8. Drainage: Grade off excavation top perimeter to prevent surface water run-off into excavation or to adjacent properties per Section 31 25 13 - EROSION CONTROL. Keep excavations and sub-grade area free from water during process of work, regardless of cause, source or nature of water. 9. Dust Control: Wet as required. D. PERFORMANCE: [TOP] 1. General: Provide all grading, excavating and cutting necessary to conform finish grade and contours as shown. Cuts shall be made to true surface of subgrade. 2. Compaction: ASTM D1557 Compaction Test method; value of optimum moisture content and density will be determined by the Testing Laboratory. 3, Demolition: Per Section 02 41 00 - DEMOLITION. 4. Excavation: a. General: Excavation is unclassified and includes excavation to sub-grade, regardless of materials encountered. b. Subsoil: Excavate subsoil required for building foundations, slabs, construction operations and other work. Stockpile subsoil.in designated area on site; remove excess subsoil not being reused from site. Protect stockpiled subsoil from erosion until removed for final placement. The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 EARTHWORK Division 31 Section 31 20 10 -Earthwork Fuge 85 5. Filling and Backfilling: a. Subsoil: 1. General: Remove shoring, sheeting, lagging and bracing prior to commencing operations. Fill to contours and elevations shown. Use select engineered fiil material at building areas; general engineered fill elsewhere. Place in layers not exceed 6 inches in thickness; rocks larger 1 inch not permitted in the upper 12 inches of fill. Thoroughly mix and spread each layer evenly to insure uniformity. When moisture content is above that required, aerate with blade or other methods untif moisture content is satisfactory. 2. Compaction: Perform fill and backfill operations. After each layer has been placed, mixed and spread, thoroughly compact to 95 percent of maximum dry density while at required moisture content. Backfill with material excavated, unless otherwise shown. Place in 6 inch layers and compact each layer to specified density. Backfill simultaneously on each side of unsupported foundation walls. 6. Mud Floor: Refer to Section a. General: Place topsoil to tolerance of plus or minus 1/2 inch of finished elevations. Maintain profiles and contours of subgrade; eliminate rough or low areas. Slope grade away from building minimum of 2 percent, unless otherwise shown. b. Topsoil: Place to a depth of 6 inches in all areas where planting is shown; compact to 85 percent of maximum dry density. Place only during dry weather. c. Other Fla and Backfill: Upper surface of other final sub-grades. * End Division 31 The Historic Montanez Adobe .fob No. 2008.11 IS Architecture April 21, 2009 Division 32 - EXTERIOR IMPROVEMENTS Page 87 iO' US " End Division 32 k The Historic Montanez Adobe Job No. 2008.11 IS Architecture April 21, 2009 Divisi®n 33 - UTILITIES Page 89 SATE UTILITY' SER1lICES a 13: o4? 4. GENERAL: A. SUMMARY: Provide Site Utility Services, as shown and specified per Contract Documents. S. REFERENCES: 1. General: Refer to Section 01420-REFERENCES for reference standards,applicable codes and definitions. Perform Work in accordance with municipal agency and utility company standards and requirements. 2. American Public Works Association (APWA): Standard Specifications for Public Works Construction. 3. American Society for Testing and Materials(ASTM): Materials and testing standards as identified throughout this Section orwithin referenced manufacturers' standard specifications. 4. National Fire Protection Association (NFPA): NFPA 13 - Installation of Sprinkler Systems. 5. Underwriters Laboratories, Inc. (UL): Fire Resistance Directory and Building Material Directory, C. SUBMITTALS: 1. General; Submit product data. 2. Certificates: Submit certificate in lieu of manufacturer's name and pressure rating marked on valve body of valves and gas cocks, as required. 3. Closeout: Submit maintenance data and guarantee in required form for a period of one (1)year from date of final acceptance by Owner. D. QUALITY ASSURANCE: 1. Qualifications: Welders to be AWS certified. 5. PRODUCT'S: A. MATERIALS: 1. Electrical and Communications Service: Refer Division 22 - ELECTRICAL. 2. Bedding Materials: Refer to Section 31 2010 - EARTHWORK. 6. EXECUTION: A. PREPARATION 1. Scheduling: Coordinate off-site service connections and connections within the building line with the work of this Section. 2. Examination: Examine conditions of work in place before beginning work; report defects. 3. Protection: Conform to"Trench Construction Safety Orders",California State Industrial Accident Commission, B. INSTALLATION: 1, General: Install in conformance with referenced standards,manufacturer's written directions,as shown, and as specified. Lay out systems by instrument;verify location and elevation of points of utility service and existing crossing utilities prior to excavation;notify Architect of discrepancies noted. Lay pipe true to line and uniform grade commencing at point of utility service connection. Make connections to utility service and building systems. 2. Excavation and Bedding: a. General: Per Section 31 20 10-EARTHWORK. Trench width to be a minimum of 12 inches wider than outside diameter of pipe, bottom smooth and free of irregularities or rock points. b. Bedding: Provide bed of clean sand for the full length of the pipe; minimum 4 inches thick, or 118 the outside diameter of the pipe, whichever is greater. . Provide bell holes and depressions for pipe joints only of size required to properly make joint. 3. Electrical and Communications Service: Per Division 22 - ELECTRICAL and Division 27 - COMMUNICATIONS. 4. Backfilling: a. General: Per Section 31 20 10-EARTHWORK do not start backfill operations until required testing has been accomplished. b. Trenches and Excavations: Backfill with clean sand to 12 inches above top of pipe,fillingboth sides of the pipe at the same time,carefully tamping to hold pipe in place without movement. Place in B inch lifts; compact each layer to density of adjacent undisturbed soil. Jetting will not be allowed. * End Division 33 The Historic Montanez Adobe Job No. 2008,11 13 Architecture April 21, 2009