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HomeMy WebLinkAboutC-355 - Pipe lining between 16th Street & Pomona Avenue; Acquisition of Interest in Water Line� I I� I� 1 I AGREEMENT 3 i THIS AGREEMENT, made and entered into this 4th day it I 4i, of March, 1953, by and between LAGUNA BEACH COUNTY WATER fill DISTRICT, a body politic, hereinafter termed "the District ", 6 �� First Party, THE IRVINE COMPANY, a West Virginia Corporation, 7 hereinafter termed "the Company ", Second Party, and CITY OF 8 NEWPORT BEACH, a body politic and corporate, hereinafter termed 9li the City", Third Party, i' 10:,: WITNESSETH: I: .11 The District is the owner of a certain pipe line in 121', Orange County, State of California, described as the "structure" 13 in a deed from the Company to the District recorded November 30, 14I 1928, in Book 221, at page 76, Official Records of Orange County, 16 California. The Company and the District have rights in said 16 j structure, as are set out in said deed. 17 The City requires additional transportation facilities 1 I 18 for water in connection with its use of water from The Metropol- I. 19 ;' itan Water District of Southern California, and for that reason '1 I i 20 ',I the City is desirous of acquiring the ownership, operation and 21 control of a portion of said structure, but excepting therefrom 2211 a one -half interest in the flowage capacity of said structure, 2311 1 which one -half interest is to be retained by the District and 24 jI the Company in the proportions of one -third of said one -half 25 ': interest to the District and two - thirds of said one -half interest i! 26 to the Company. The part of said structure, including the rights j ii 271i of way described in said deed and which the City so proposes to 28j acquire, own and operate is described in the form of deed 29 !!attached hereto and made a part hereof, and is hereinafter for 30 ;convenience referred to as the "pipe line ". 31 'I A portion of said pipe line crosses Newport Bay, which 32i'isaid portion is hereinafter referred to as the "under-bay i; u y portion � i I I: P i • I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i 16! 17 18 t 19 i 20 li 21 22 I 23 24 j i 25 26 27 28 i 29 and is described as follows: Beginning at Engineer's Station 273++50 of said pipeline, as shown on Sheet 11 of the plans for said pipeline dated April 1926; thence North 870 54' East 41.46 feet; thence South 720 011 350 East 501.4 feet; thence South 680 O1' 351 East 4.09 feet to Engineer's Station 279 +00 of said pipeline. NOW, THEREFORE, in consideration of the moneys to be expended and the work to be done by the parties hereto, and other considerations acknowledged by the parties hereto, it is hereby agreed as follows: (1) It is estimated that the total cost of the work herein provided for will not exceed the sum of One Hundred Thousand Dollars ($100,000.00), and it is understood and agreed that the City has provided from its revenues and has available funds in an amount sufficient to fulfill its obligations under this agreement, and that upon the execution hereof, the City will deposit in escrow with such bank as the parties hereto shall select, the sum of One Hundred Thousand Dollars ($100,000.0C with written instructions to such bank to dispurse such funds so deposited as hereinafter provided. If such funds shall be insufficient for said purpose, the City will provide the funds necessary to meet such deficit out of its current revenues and will deposit the same in said escrow. (2) Concurrently with the deposit aforesaid, the District and the Company will execute and deliver the form of deed attached hereto and will deposit the same in said escrow with written instructions to said bank to deliver said deed to the City as hereinafter provided. (3) With reasonable diligence after the deposit of said funds and said deed in escrow as above provided, the 30 District will enter into a contract with a responsible contractor 31 ;,for repairing and relining Said pipe line, except the under -bay 32portion thereof. The terms, conditions and specifications of said' i I -2- y 1 2 3i. 41 5 6 7 8 9H 10 11 ! h 12 13 14 15 16 17 18 i 19 20 21 I 22 I 23 24 25 26 27 28 29 30 31 32 contract shall be approved by the City and the Company prior to the execution thereof by the District and the Contractor. The object and extent of said contract shall be the placing of said pipe line in good order and repair for the flowing and distribution of water through the same. All of said work is to be done in a good and workmanlike manner and under the joint direction and to the satisfaction and approval of the engineers of the parties hereto. (4) Pending the work of relining said pipe line, the engineers selected by the parties hereto shall test, by pressure or otherwise, at their joint discretion, the under -bay portion thereof above described so as to determine the nature and extent of the repairs to or replacement of said under -bay portion. The work of said test shall be done by the City and the cost thereof shall be borne one -half by the City, one -third by the Company and one -sixth by the District. Upon the completion of said test the City will render the Company and the District a written statement of the cost thereof and within ten (10) days thereafter the Company and the District will pay to the City their respec- tive proportionate shares of such cost. (5) Upon the completion of said test of said under- bay portion of the pipe line, the City will cause the same to be repaired or replaced as said test shall indicate necessary or advisable and the City will cause said under -bay portion to be put in good order and repair for the flowing and distribution of water through the same. All of said work shall be done under the direction of the engineer of the City and to the satisfactior and approval of the engineers of the other parties hereto and at the cost and expense of the City. (6) During the conduct of said test of said under -bay portion of said pipe line and during the progress of the work of repairing or replacing the same by the City and of relining and -3- 1 2i 31 4 5� 6I 7I 8'' 9' 10 11 12 13 14 I 15 16! 17 18 1 19 a 21 is 22 I' ii II 23 i 24 25 26 27 28 F I; 29 1� 30 is 31 32 i repairing the remaining portions of said pipe line by the District, the City agrees to supply water to the Company at the same rates it charges its present users of water from said pipe line for their various types of use. (7) The cost of relining and repairing the pipe line, except the under -bay portion thereof, and the cost of repairing or replacing said under -bay portion, shall be paid by said bank from the funds deposited in said escrow upon written certificates signed by the engineers of the parties hereto in accordance with the terms of each of the contracts covering said work. Upon full payment of the entire cost of said work as provided in said contracts, said bank shall deliver to the City the executed deed deposited in said escrow, and shall pay to the City any unexpended balance of the funds held therein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into by their officers thereunto duly authorized as of the day and year first above written. for I FIRST PARTY THE IRVIN By Vice President x BY_' SECOND PARTY Secretary CITY OF NEWPORT BEACH By Mayor City Clerk THIRD PARTY -4- i ! D E E j LAGUNA BEACH COUNTY viAT, DISTRICT, a body politic, hereinafter termed "the District" and THE IRVINE COPaiPANY, a 'lest Virginia: corporation, hereinafter termed "the Company ", for valuable consideration hereby grant and convey to CITY OF NEWPORT BEACM, a body politic and corporate, hereinafter termed "the City ". the following described pipe line, together with a Pelloetual easement for the repair. replacement, maintenance, operation and use thereof as hereinafter provided, to -wit: A portion of that certain pipeline described in deed from The Irvine Company to Laguna Beach County 1-fater District, recorded November 30, 1928, in Book 221 at DaAs 76, Official Records of Orange County, California, described as follows: Beginning at the intersection of the northerly line Of 16th Street in Costa 2,iesa with the center line of said pipe line, said intersection being at as,,roximate Engineer's Station 184 +80 of said pipe line, as shown on Sheet 8 of the Plans for said ;pipe line dated April 1926; thence South 0° 31' East 119 feet parallel to and 18 feet vast of the center line of Pomona Street, to 15th Street; thence South 500 121 35" East, 962.21 feet parallel to and 23 feet Northeasterly of center line of 15th Street; thence South 270 42' 35" East 33-97 feet; thence South 50 12 3$ East, 4256.31 feet parallel to and 10 feet Northeasterly of the center line of 15th Street to a point 10 feet Northeasterly of the intersec- tion of 15th Street and Irvine Avenue, as platted in Newport heights; thence South 500 12' 35" East 2147.75 feet; thence South 730 48' 35" East 469.43 feet; thence South 140 o9' 35" East 318.03 feet; thence South 700 501 35" Last 260.42 feet to an intersection with the northerly boundary of Coast Highway at a point on the radial line drawn through Engineer's Station 43 +58 as shown on Sheet 3, Div. VII Ora 60 B, plan and profile of State Highway; thence South 70° 50' 35" Last 17.05 feet; thence Nort'r, 630 13' 10" East 34.14 feet to beginning of curve concave to the right; thence along the arc of curve With radius of 317 feet a distance of 136.57 feet to end of curve• thence North 870 54' 00" East 106. 6 feet thence South 720 O1' 35" East 501.40 feet across North arm Ne+rport Bay; thence South 680 O1' 35" :fast 1825.22 feet to an intersec- tion with the Northeasterly boundary of Coast Highway at a point on the radial line arawn through Engineer's Sta. 69 +37 as shown on Sheet `4, Div. VII Ora 60 B Plan and Profile of State Highway. thence South 680 O1' 35" East 22.87 feet; 33' 35" East 5b7 .02'fest;Lthence6South�4t °enee South 59° 99.50 feet to an intersection with the Northeasterly ast boundary of Coast :Highway at a point on the radial line drawn through Engineer's Sta. 81 +47 as shown on Sheet ,#5 Div. VII Ora 60 B Plan and Profile of State Highway; -1- 9 thence South 43a 23' 35" East 44.16 feet; thence South 78° 30' 35" East 2904.58 feet parallel to and 35 feet Northerly of center line of ;oast Nighway to the beginning of a curve ooncave to the right then alon` the arc of curve with radius cf 1035 feet a distance of 508.81 feet to the end of curve; thence South 50 020135" East 1138.73 feet; thence South 610 29' 05" East 25.88 feet to an intersection with the Northeasterly boundary of Coast r'.ighc:ay at Engineer's Station 127+66 as Shown on Sheet #6 Div. VII Ora 60 H, Plan and Profile of State :ighway; thence South 610 29' 05" East 174.09 feet; thence South 420 30' W East 245.66 feet to an interaeo- tion with the Northeasterly boundary of' Coast Highway at Engineer's Station 132 +02 as shown on said Sheet ;;o. 6; thence entering the right of way of Coast ; Highway South 42' 30' 35" East 36.69 feet; thence south 500 20' 35" Fast 2171.30 feet parallel to and 35 feet Northeasterly of center line of Coast Highway to the beginning of a curve concave to the right; thence along the arc of eurve with radius of 1033 feet a distance of 631.17 feet to the end of curve; thence woath 150 20' 05" East parallel to and 33 feet Easterly of .:enter line of Coast Higl ay to the Northwesterly line of Fernleaf Avenue and to the end of that portion of t'r e 1 -,r line herein conveyed. CEPTT. G AND 3LUERVING u ito the Company and the District El and their respective successors and assigns the following proportions of the flowage capacity of said pipe line, together with the perpetual right to use said proportions of said capacity for transportinE =crater in and through the same, towit: the Company, one -third of said capacity, and the District, one -sixth thereof. XCEPTING A14D RESERVING also unto the Company and its successors and assigns, the right to construct, replace, repair, maintain and use in, over, along or across said pipe line, other .pipe lines, pole lines and other like structures, and roads on, over or across the surface of the same, and to farm, landscape and otherwise use the surface thereof, provided that such nights shall be exercised in such a manner as not to materially interfere with the use of the same by the City or the District, or their respective assigns or successors, and provided further, that in the exercise of any such rigbte said pipe line, or any of its adjuncts, shall not be injured, or the Fights of the District or the City to replace, repair and use said pipe line shall not be hindered. This conveyance is made and accepted subject to the reservations and exceptions hereinabove set forth and subject, also, to the following covenants and conditions which shall constitute covenants and conditions running Tulth and attached to said pipe line and the easement upon which the saziie is situated, and shall inure to the benefit of and shall bind. the parties hereto and their respective successors in interest in the ownership, -2- :aaintenance, operation and use of said pipe line, to -wit: (1) 1xce.nt as hereinafter otherwise :provided, the City shall purchase all eater supplied by 11--tropolitan dater District of Southern California throw -,"n voastal Municipal Water District and delivered into and conveyed through said pipe line for the use of any of the parties hereto. The Company shall have the right to one -third of said water and the District shall have the right to one -sixth thereof, but any of said water so used b7 the Company or the District shall be measured and metered as hereinafter provided and shall be paid for by the user thereof to the City at the same rate the City shall be charged therefor by said Coastal :Municipal dater District,' within ten (10) days after the City shall render a written statement thereof. Provided, however, that the District or the Company shall have the right at any time to purchase said Metro.?olitan water on its own account and to deliver the same Into and transport the same throw h said pi?e line, and provided further, that the District or the Company shall have the right at any time to deliver into said pipe line water other than Metropolitan water, in either of which events such water shall be metered into said pipe line and an equal amount shall be metered out of said pipe line without charge by the City. (2) Adequate metering or measuring devices shall be installed and maintained by each of the parties to accurately measure the amount of water each delivers into the said pipe line. (3) Any of the parties hereto may install at its own expense such outlets in said pipe line which it may deem necessary to enable it to take water therefrom, and at each outlet there shall be installed,adgquate meters or measuring devices for determining the amount of water taken out of said pipe line. Such meters or measuring devices so installed shall be of such design and construction and shall be so gauged or set -3- as to permit a given quantity of water to flow out of said pine line and then securea and looked so that no person except the one duly authorized by the parties hereto can increase or decrease water passing through the outlet. (4) All meters and measuring devices installed by the parties hereto as above provided shall be standard and where- ver practicable, automatic recorCing instruments of such character that the errors of measurement shall not very more than three per cent (3%) from the true quantity. (5) The City shall install and maintain, at its expense, a gate valve, including necessary vault, at the end of said pipe line, being at or near the intersection of Sixteenth Street and Pomona Avenue in Costa I>esa, Orange County, California. (6) The City shall have the management of the ordinary maintenance and operation of said pipe line and the City shall clean out, repair and replace the serge or any part thereof when necessary to maintain said pipe line in good order and repair for the flowing and distribution of water through the same, and shall advance the cost and expense incurred therefor. (7) The City shall, within ten (10) days after the first of each calendar month following the making of said repairs and replacements, render a statement showing all repairs and replacements made during the preceding calendar month and the cost thereof, and within ten (10) days after the rendition of said statement the District and the Company shall each nay to the City its proportionate share of said cost in accordance with its proportionate right in the flowage capacity of said pipe line as hereinabove set forth. (8) If the City for any reason neglects, fails or refuses after five (5) days' notice from the District or the Company to make any needed re.jairs or replacements to keep said -4- pipe line in good order and condition, then the District or the Company shall have the right to enter upon said pipe line and make the needed repairs and replacements and advance the cost and expense therefor, and within ten (10) days after the first of the month following the making of such repairs or replace- ments, the District or the Company shall render to the City and the other party hereto a statement in writing showing the repairs and replacements made during the preceding calendar month and the cost thereof, and within ten (10) days after the rendition of such statement the City shall pay fifty per cent (50) thereof and the other party its proportionate ehare thereof as hereinabove specified. (9) Any of the parties, when making repairs or replacements, shall have the right to shut off the flow of water through said pipe line for the purpose of making such repairs or replacements or for any other reason necessary to keep and maintain said pipe line in good condition, but such work of repairs, cleaning out, replacements or maintenance shall be prosecuted with reasonable diligence and before shutting off the water, notice shall be given of the intention to shut off said water at least twenty -four (24) hours prior thereto, except in the ease of emergency when no notice shall be required. (10) Done of the parties shall be liable to the others for loss of water while being transported through said Pipe line and while not commingled with the Prater of another party. (11) lNeither the City, the District, nor the Company shall turn into said oipe lire or attempt to deliver through, the sane any water which is not good and healthful in quality and wholly suitable and proper for human consumption, and if such water be developed from the water basin of the Santa Ana River, it shall be obtained from the area located between Huntington i Reach and the westerly side of the official channel of the Santa Ana River, as d.efiwd by Vpwbert Protection District, and north of the east a,nc =-.Test prolo *igpd center line of Section 18, Township 5 South., Ran`e lcl . eFt, :3. B. B. & M. (12) Any water developed by a party hereto coi:taining gas which might be ingurious to a id. pine line small be *sroperly aerated to free the mater from the gas before it is k'.?livered Into said pipe line. (13) Neither the City, the District, nor the Company shall deliver into said pipe line or convey or therein seater in any quantity grep,ter than the capacity of said pipe line owned by it .Tith.out consent of the other pp.rties; provided, howeve nine line is not being used, then it shall be use said pipe line until its use is desired by or parties owning rights therein. attempt to convey percent =:14;e of the the written r, that if said rermissible to the other party (14) No tarty shall take or attempt to take out of said pipe line any water greater in quantity than it has actually delivered into said pine line for its use without the written consent of the other parties. (15) Neither the District nor the Company shall Interfere urith the City in its ownership or use or Management of said pipe line for any purpose except to exercise the right to convey grater into and through said pine line and to exercise the other rights reserved as herein provided. (16) The City shall never interfere with tha use of said pipe line by the District or the Company for conveying water therein to the full capacity herein reserved to them, or the exercise by the Comloany and the District of all the rights hereinabove set forth, subject, .however, to the right of the Company or the District to shut off the water for making repairs or renlaoenents as above Provided. -6- y (17) Each party hereto, or its assigns and successors in interest, and its engineers or authorized agents, shall at all times have free access to said pipe line and the various parts thereof for the purpose of inspecting the same to detsmine if it 1s in proper order and repair, to read and check all meters, and for any other purpose in protecting its rights in the sake. (18) In the event the City shall abandon the manage- ment and maintenance of said pipe line, or shall fail to manage and maintain the same after ten (10) dayst notice from the Company or the District, or shall be permanently prevented by injunction or other legal procedure, or other causes, from managing and maintaining or using the said pipe line, then either the District or the Company may enter upon the same and have the management, control and maintenance of said niz)e line without hindrance. Provided, however, that unless prevented by injunction or other legal process, the right of the City to the use of said pipe line as herein provided shall in no way be affected by the happening of any of the events provided for in this paragraph (18). (19) The District or the Company may at any time abandon its rights in said pine line by quitolaiming and releasing in writing its rights and interests therein to the City, and thereupon its rights and obligations hereunder shall terminate except any monetary obligations then accrued and unpaid hereunder. IN IeITNESs 'rtw&oy, the District and the Company have caused this instrument to be executed by their respective -7- officers tAereunto duly authorized this 3rd day of March, 1953 LAGUNA BEACH COUNTY WATER DISTRICT By /s/ George S. Johnston President By /s/ Leslie C. Sentelle Secretary FIRST PARTY THE IRVINE COMPANY By is/ W R H 1p liy,_ Vice President By /s/ Chas. M. Plum �ecratary STATE OF CALIFMNIA ) ) SS COUNTY OF ORANGE ) On this 5th day of March, 1953, before me, E. H. Beaver a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared George S. Johnston, known to me to be the President, and Leslie C. Sentelle, known to me to be the Secretary of Laguna Beach County `Vater District, the corporation described in and that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the sazie. WITNESS my hand and of-ficial seal. /s/ E. H. Beaver Notary Public in and for said County and State IM STATE OF CALIFORNIA ) ) 53 COUNTY OF GRAM ) On this 6th day of ',±:arch, 1953, before me, G. H. THOHAS, A Notary Public in and.for said Gounty and State, residing therein, duly commissioned and sworn, personally appeared W. B. Hellis known to me to be the Vice President, and CU:AS. m. PLUM, known to me to be the Secretary of The Irvine Gompany, the corporation described in and that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. —1 s / G. H. Thomas voiary Public in and for said County a_nd State. J. E CITY tY of Xewport C a I i f o r n i a Honorable City Council Newport Beach California Gentlement January 25, 1954 i Beac IL TELEPHONE HARBOR 91.1 When the City acquired an interest in the Laguna Irvine 3011 water line, an interest in a vault equiped with two meters and certain valves and check valves was also acquired. At the time, it was not known whether or not the larger meter, a 14" Neptune, mould perform in a satisfactory manner and it was decided to try it out before making a change. The smaller meter is used strictly in a by- pass capacity. Tests of the accuracy of the Neptune meter have been made and indicate that the meter does not record low flows accurately, thereby creating a discrepancy in the readings of three meters in- volved; the other two being (1) M.W.D. and (2) Coast M.W.D. In view of this discrepancy and the inaccuracy of said meter, it is hereby recommended that the City of Newport Beach purchase and install a 14" x 4" Sperling Compound meter at an estimated cost of $ 11750.00. Respectf ly submitted, J. B. Webb City &)gineer JBVhbm APPROVED JI AN 2 5 1954 By Th. 0 CABLE ADDRESS- BAMERICAL • 13044 'SaniZ Jo lme'rira NATIONAL RAVINGS ASSOCIATION Newport Beach Branch Newport Beach, California November 10, 1953 City of Newport Beech Newport Beach, California Attention: Mr. CA. Priest, City Clerk Re: Escrow 202 -153 Gentlemen: We enclose Amendment to Escrow Instructions, authorizing payment of $7610.97 to Pipe Linings, Inc. If this Amendment meets with your approval please sign and return to us in the enclosed stamped self addressed envelope. In accordance with instructions you are to furnish us with a Certified copy of the Agreement for our files, and we in turn will deliver the original Agreement and the Deed to you. Sincerely yours, rbm Ruby Miszko enc. Escrow Department rY Bank of America Newport Beach Branch Newport Beach,-California Attentions Ruby B. Miszko Escrow Department September 15, 1953 Gentlement Enclosed please find Amendment to Escrow In- struction$ duly exocuted bg the t4ayor and myself authorizing you to p &y the Laguna Beach County Water District the sume Of "`11787.23. Yours very trulyt CITY OF NE?-'PMT BEACH GJtnts Enc . O.Y. Priest City Clerk s • � CABLE gBORE55 -Bq MERICpL 13044 ink �fmPrirtt NATIONAL Tf U8T AnS o SAVING ASSOCIATION Newport Beach Branch Newport Beach, California .°.eptember 11, 1453 City of Newport Beach Newport Beach, California Attention: Mr. C.K. Friest, City Clerk Re : Escrow 202 -153 Gentlemen: 'Pie enclose Amendment to Escrow Instructions, authorizing payment of the bill of the Laguna Beach County Water Dist- rict in the amount of X1787.23. If this Amendment meets with your api:roval please sign and return to us in the enclosed stsmred self - addressed envelope, oincerely °yours, rbm Rube ;i i s zk encs. Escrow Department • CAOLE ADDRESS -CA MERICgL Newport Beach Branch Newport Beach, Cslifornia July 2 7, 1953 City of Newport Beach Newport Beach, California Attention: Mr. C.C. Priest, Cit-r Clerk Re: Escrow 202 -153 Gentlemen: We enclose Amendment to Escrow Instructions, authorizing pa�rnent of the bill of Mission Pipe and Supply Company in the amount of $1212.26. I£ this Amendment meets with your approval please sign and return to us in the enclosed stamped self- addressed envelope. Sincerely yours, rbm Ruby B Z Miszko ✓ encs. Escrow Department 13044 'gttnk of Anmrrira NATIONAL BwviTivcS ASSOCIATION Newport Beach Branch Newport Beach, Cslifornia July 2 7, 1953 City of Newport Beach Newport Beach, California Attention: Mr. C.C. Priest, Cit-r Clerk Re: Escrow 202 -153 Gentlemen: We enclose Amendment to Escrow Instructions, authorizing pa�rnent of the bill of Mission Pipe and Supply Company in the amount of $1212.26. I£ this Amendment meets with your approval please sign and return to us in the enclosed stamped self- addressed envelope. Sincerely yours, rbm Ruby B Z Miszko ✓ encs. Escrow Department • CABLE AO.RE55- 5AMERICAL 13044 ank of ,1mrrim NATIONAL 6AV[Tiv GSg ASSOCIATION Newport Beach Branch Newport Beach, California July 22, 1953 City of Newport Beach Newport Beach, California Attention: Mr. C.K. Priest, City Clerk Re: Escrow 202 -153 Gentlemen: We enclose Amendment to Escrow Instructions, authorizing payment of the bill of Mission Pipe and Supply Company in the amount of $1047.92, and the American Pipe and Const- ruction Compnoy's bill in the amount of '43414.45. If this Amendment meets with your approval please sign and return to us in the enclosed stamped self— addressed envelope. Sin ce�rely yours, rhm Ruby 57iszko encs. Escrow Department l� %� -,� ? • CA5LE ADDRESS- BAMERIGAL �Qt13044 +bank i0f All trim NATIONAL TeUS AN' ASSOCIATION Newport Beach Branch Newport Beach, California July 13, 1953 City of Newport Beach Newport Beach, California Attention: Mr. C.K. Priest, City Clerk Re: Escrow 202 -153 Gentlemen: We enclose Amendment to Escrow Instructions, authorising payment of the Demand of The Pipe Linings, Ins. in the a- mount of $14,100.21, and a bill to Mission Pipe and Supply Co. in the amount of $1047.92. IP this Amendment meets with your approval please sign where indicated and return to us in the enclosed stamped self- addressed envelope. We are also sending a copy of the Amendment to the Laguna Beach County 'hater District and the Irvine Company for their signatures. Sincerely yours, rbm Ruby Miszko enes. Escrow Department c Loaatieft a;,fta{,a Hiobw in Coruna del liar and 15th .3treat, biasrrport Heights Lints • Farj6w Avenue in Oemna del Mar 1e 16th Street and Pomm AvNW& in ffiesa. ' %rk Begun - APril 23* 1953 - 'ark CortrlAO + done 17, 1953 0ontosetor . Pipe Llninge Inc. : wirleeft i4 chap • Stead, SatG4 ad Webb Inspector • jo R. Br~ +orL - consisted of re- lining approxltattely 20,000 kneel feet cf 300 steel tmait.e nested muter mP, n frith 310* idtdra= cement lining by the Center Lino'jMess► mgd*. a hydrostatic test of,,ae under' hay ?or'tion of the lint the installation of '!00 Oste Valves and 066ea"ary special® and vaults at as& eids of tha.ppper S y and at the xeeterlg termiyn -P of Pamona ,; treat and the installation or spigmt outlets and valves for oonnecti�no to City eyetM..:: g ,twR' OF :JAB; " %TI`.'::s OF GM 83, 251.52 I • Work paid for thru the :.see une.:s® ch County Vater "Al►triat. I* .4- lirAjW of 19,020 lineal feet of 30" pipo 0:'3.80 Z 720Y-16,40 2. 8e•11nbW,eg 854 lineal feet of 30" pipe 0 83.95 3073.30 3. Pte-lining of I= limal feet of 24" Cast Iron ;pipe 0 4.30 430.00 4. Furnishing 3 20" C to Valves 3,308010 5. Furnishing 6 30" z 24" P.educers rider 3^ 6. hydrostatic too bray portion of line 2 =Sub ; o to 83, 251.52 Tirgi serinp and legal ->zPO ices .23 4 859038.75 Oredit for 50% Wrostatic '.oat 207.64— Sub Total 841A29.11 II Cork paid for by the City of Newport Beach is Furnishing 1 14" Gate ' +alve 0 1364.00 364.0o 2.'uraishing 2 12" Oats Valves s 8268.21 536.42 3. %mishitrg 2 8" Gate Valves a 898.45 196.90 4. Furnishing 7 7" '4gigot outlets 211.15 5. Installing valves, reduoer�, and spigot outlets 2,444755„ 6. Construction 3 vaults 'Sub Total 5823007 Inspection 1.022.77 i 6,253.74 `rare. 919082.85 Juno ll :3953 Mrs* Ruby Be Misxko Escrow Department Newport Beach Branch Bank of America Dear Mrse 14jazkol Enclosed please find the:.ftly executed copy of Amendment to Escrow Instructi4he relative to payment of the Pipe Lialngst Incas in the amount of $W9398*521 as per your request of the Bth,. Yours very truly, CITY OF NEWPORT BEACH CKP:gj Enc, 1 Ce K, Priest City Clerk S-1 3 Juno ll :3953 Mrs* Ruby Be Misxko Escrow Department Newport Beach Branch Bank of America Dear Mrse 14jazkol Enclosed please find the:.ftly executed copy of Amendment to Escrow Instructi4he relative to payment of the Pipe Lialngst Incas in the amount of $W9398*521 as per your request of the Bth,. Yours very truly, CITY OF NEWPORT BEACH CKP:gj Enc, 1 Ce K, Priest City Clerk 3 Juno ll :3953 Mrs* Ruby Be Misxko Escrow Department Newport Beach Branch Bank of America Dear Mrse 14jazkol Enclosed please find the:.ftly executed copy of Amendment to Escrow Instructi4he relative to payment of the Pipe Lialngst Incas in the amount of $W9398*521 as per your request of the Bth,. Yours very truly, CITY OF NEWPORT BEACH CKP:gj Enc, 1 Ce K, Priest City Clerk • C"4E AODRESS- ®AMERICAL • J `- 13oaa r;. Tank of Amerirai NATIONAL 6AVCSITivc ASSOCIATION r Newport Beach Branch ` :•'i Newport Beach, Californian June 8, 1953 City of Newport Beach Newport Beach, California Attention: Mr. C.K. Priest, City Clerk Re: Escrow 202 -153 Gentlemen: We enclose Amendment to Escroo3nstaweS# ens,- thoriz- ing payment of the Dema'£ ttiS'P3pe iIn ni ga;" n . this Amendment meets with your approve , p where indicated, and return to us in the enclosed stamp- ed self - addressed envelope. We are also sending a copy of the Amendment to the Log- , una Beach County Water District, and The Irvine Company, for their signatures. Sincerely yours rbm Ru M /iisszke U enos. Escrow Department HAP 40 9 ty of Xewport Beac California L a Beach County eater District :rThIrd street a Bead, California Gentlemen: May 12, 1953 OFFICE OF CITY ATTORNEY This will serve as an amendment to the Contract between yourselves, the Irvine Company and the City of Newport "each in connection with the lining of the 30 inch pipe line from Corona del Mar to Costa Rosa. At its regular meeting held Ray 11, 1953, the City Council of the City of Newport Beach authorised your District to purchase three 20 inch gate valves equipped with by- passes and gear boxes and necessary steel reducers, cement lined and gunite coated appurtenant thereto, for the account of the City of Newport Beach. It was agreed that the City would authorize, and does hereby authorize, the payment of the cost of the shove toms out of the escrow in which we have deposited the 100;000:00, or, if the amount in the escrow is not suf- ficient, the City would, and will pay, the District direct therefor. NLBsau co: The Irvine Company Very truly yours, City of Newport Beach mayor By City Clark '•11:1 Y. 1.111 -1 GEORGE S. JOHNSTON. PRESIDENT CARL E. BENSON RALPH L. BELL EMERSON B. M[LNOR BARTON J. NEEDHAM I.Asuna ?Scac4 40uatit aster District 'Xaonna �Rcac4, �alifarnia P. O. BOX 2287 TELEPHONE 4 -1041 Yay 6th, 1953 City of Aewport "3each Yewport 3each, C ili.f . 11 Attention: J. 3 . Webb, City Engineer. Gentlemen: Your to purchase of was presented at its meeting record on this send you. BRAYTON S. NORTON GENERAL MANAGER LESLIE C. SENTELLE SECRETARY A. J. STEAD ENGINEER FRANK S. FITTS ATTORNEY letter of April 22nd, 1953, relative 2 - 18" to 24" and 7 - 12" Gate Valves to the Board of Directors of this District held last nQht. Followin, is the minute matter, which I have be -n instructed to "That the Board agrees to amend the Agreement dated March 5th, 1953, entered in to by The Irvine Comoany and tVis District with the City of newport :3each for linin< approximately 20,700 feet of 30 inch Zunite coated pipe- line lyin7 westerly of Fernl^ef Avenue in Corona del _:gar, to include the nurehase of 2 18" to 24" Gate Valves and 7 -12" Gate Valves as set folln letter frcn Yr. J. B. Webb, City En, ^ineer of Newport ?each, dated April 22na, 1953, upon the followin; conditions; that forrzl approval of the amendment to the ajreement by the City Council of the City of Newport 3each be .:riven prior to placing the order for such „ate valves; that fonds so spent for the purchase o'' said valves be reimbursed to the District frog: the escrow set forth in said aZreenent; and upon the `grthor condition that the City Council of trio City of Newport Beach agrees, in the event said costs should exceed the s.am heretofore deposited in escrow, to reimburse the District for aay excess costs of any purchase or installation in connection with said , ate valves within t3 irty days of written demand from the District." Very truly yours, L.:1.CU4A f2']AC= COrr• "_Y HATER WSTRICT By _ LS Secreta cct 'the Irvine "ompany April 23, 1953 Mr. Arthur S. Stead Laguna Beach County aatovvpl striat 306 Thirt Street . Lacuna Beach, California Dear qtr. steads I am enclosing herewith Resolution No. 4065 as redrafted by our City Attorney in the correct legal form for approval of the Pipe Linings. Ina., con- tract. Also enclosed is Resolution No. 4o being Resolution ratifying the action taken under Rees* lution No. 4068 at an adjourned regular meeting of the council. Please destroy the draft of Resolution No. 4065 previously forwarded to you and replace with the enclosed copy. CKP:g' Enos, Xoure very sincerely, CITY OF NENPORT BEACH C. K. Priest City Clerk i 11 2 3 4 5 6 i 7 8'. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 23 24 25 26 27 28 29 30 31 32 Ate. RESOLUTION No, WHEREAS, by 4 sd*tion No. 4o68 by the city council of the City of Newport Reach, passed and adopted at a special meet- ing thereof, held on the 17th day of April, 1953. the City of Newport Beach approved a contract in the amount of $76,735.00 betweaa Pipe Linings, Inc, and the Laguna Reach County -Water Dis- tract; NOW, THEREFORE, HE IT RESOLVED that the action of the City Council of the City of Newport "each in approving said con- tract at said special meeting be, and the same is hereby, ratifi and approved. The above and foregoing `resolution was duly and reguls ly passed and adopted by the Cit.,,, Council of the city of Newport Beach at an adjourned meeting thereof, held on the 20th day of April, 1953, by the following vote, to wit: AYES, COUNCILMEN: C i i he i�J b�lj' NOES, COUNCILMEN: ABSENT COUNCILMEN: � ATTEST: ity clerk i i i, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 C� TO: BRADEN L. FINCH L. L. ISBELL A. W. SMITH GERALD BENNETT NORMAN MILLER - i A NOTICE OF SPECIAL MEETING You and each of you will please take notice that a Special Meeting of the City Council of the City of Newport Beach has been called for and will be held on Friday the 17th day of April, 1953, at the hour of 11:00 a.m. of said day at the City Hall of Newport Beach and in the Council Chambers thereof. Said meeting is called and will be held for the purpose of approving the award of the contract between the Laguna Beach Water District and Pipe Linings, Inc., of South Gate for the re- lining of the Laguna - Irvine pipeline. Dated and signed, Newport Beach, California, this 17th day of April, 1953• MAYOR KPTTF-17. CONSENT AND WAIVER The undersigned City Councilmen of the City of Newport Beach hereby consent to the holding of the meeting mentioned in the within and foregoing notice for the time herein mentioned and at the place therein mentioned, and we do hereby further waive any further notice thereof, and we do hereby ratify and confirm all matters and business whatsoever transacted at said Special Meeting. NAMES DATE OF SIGNING HOUR U ATTEST: UTTy-71erk ATTEST: UTTy-71erk 0 i April 17, 1953 i�aguna Bergh County rater District ?. 0. Box 2287 Laguna Beach, California Gentlemen: In accordance with our agreement entered into recent4 between us end the City of Newport Beach regarding conveysnde of interest in pipe line and the lettin7 of contraots`Incident to said agreement, re hereby approve the specificatione for "Linin of 30" -unite coated steel pipe" April - 1953, prepared by you. . We also approve the letting of the contract to the successful bidder, namely, Pipe Linings, Inc. in the amount of 476,735.00 covering items Nos. 1 to 4 &nolusive, and note alternative bid on item No. 5 at the unit -)rice of x.30 per linear foot, amounting; to ;;2365.00. Yours very truly, THE IRVINE COMPANY By U. B. Hellis, Manager CC: City of Newport Beach WBH: fp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RES©LUTION No. 4068 "1HEREAS, the City of Newport Beach has heretofore enter- er'. into an Agreement between The Irvine Commany and the Laguna Beach County `r`ater District, the object of which 'ryas, among other things, to effect the relining of a certain Pipe line; and WHEREAS, under the terms of said Agreement the contract for the relining of said pipe line had to be approved by the City before the entering into thereof; and WHEREAS, such contract has been submitted to the City of Newport Beach for its approval; and NOSY, THEREFORE, BE IT RESOLVED that the terms and con- ditions of said contract, in the amount of Oq76,735.00 be, and the same is hereby, approved. The above and foregoing Resolution was duly and regul- arly passed and adopted by the City Council of the City of Newpo Beach at a special meeting thereof, held on the 17th day of AP-ril,1 1953, by the following; vote, to grit: 19 J 20 21 i 22 23 �I 24 j 25 26 ATTEST: 27 ME 29 30 31 32 AYES, COUNCILMEN: Bennett, Smith and Finch NOES, COUNCILMEN: None ABSENT COUHCIL'lEN: Miller and Isbell City Jerk Alayor 0 TRUST DEPARTMENT ank of Amerim NATIONAL JJYAT,'gg ASSOCIATION ESCROW INSTRUCTIONS ESCROW NO._.._2194J3._— -W.- —_- _._._.__ ([!CROW OFFIC11R) ---- - - - - -. A" _I*_...._.- _.._._.....__.., t9 ..... -- ---------- -- -Branch, Bank of America National Trust and Savings Association, Gentlemen: In consideration of your acting as escrow holder herein, it is agreed that you shall in no case or event be liable for the failure of any of the conditions of this escrow or damage caused by the exercise of your discre- tion in any particular manner, or for any other reason, except gross negligence or willful misconduct with reference to the said escrow, and you shall not be liable or responsible for your failure to ascertain the terms or conditions, or to comply with any of the provisions of, any agreement, contract or other document filed here- with or referred to herein, nor shall you be liable or responsible for forgeries or false personation. It is further agreed that if any controversy arises, between the parties hereto or with any third person with respect to the subject matter of this escrow, its terms or conditions, you shall not be required to deter- mine the same or take any action in the premises, but you may await the settlement of any such controversy by final appropriate legal proceedings or otherwise as you may require, notwithstanding anything in the fol- lowing instructions to the contrary, and in such event you shall not be liable for interest or damage. IT IS UNDERSTOOD that the fee agreed upon for your services hereunder shall be considered compen- sation for your ordinary services as contemplated by these instructions, and in the event that the conditions of this escrow are not promptly fulfilled or that you render any service hereunder not provided for in the fol- lowing instructions, or that there is any assignment of any interest in the subject matter of this escrow or modifi- cation hereof, or that any controversy arises hereunder or that you are made a party to, or intervene in, any litigation pertaining to this escrow or the subject matter thereof, you shall be reasonably compensated for such extra ordinary services and reimbursed for all costs and expenses occasioned by such default, delay, controversy or litigation and you shall have the right to retain all documents and /or other thing of value at any time held by you hereunder until such compensation, fees, costs and expenses shall be paid, the undersigned hereby jointly and severally promising to pay such sums upon demand. The undersigned V* 49V ft 611411 l0 V11Ae 7+a al�"01 O' db@* U *9 wtetl�t sf s�uos,OO�l.00. b~ Vis to ewsssest dew ftwa b 'm Win" fM Low" >wesd OwoNIF ttetsn blow kii 00 pslF of tb I"" tssiy, as 3s� 0w"f�gi s OMt vuluio Oafsarriislo� ptw of 1M loath! tw% "d tas tv at NO WS MNi►o e tom► peutts linsPW4% tr V"V •t to sods+ Put* !wt an ftewasod to w tM saws to tts Ir1oNOO^ 1s somewse 40 No "me owsnout ehditsme so stasod Is as oaf! Ape"04. Tss on to some se u.0 U w Mwel" so No sense"# at prrotrlgr Im be so epw is VW sae -kik s d o sty 4bW$ 4 OYtT fs' A�1"0Rt A� U►� r - ���:�Oit,S 6I$ Sits ' SAo UWM Msi Ootnty V~ Birisist, ad Sb UVdit cmwwt e ties% •i 0eepre4414 rwu tilt w have V"4 the teosolLsE twky U4" osd oomw► 11wIfte we had yott a rais ssosesw 4mas" vft* t is "W foso69i" tasteSOUMOV tspRAote wits s flood ssnoaSM is e@ 1 , we -- via 1M� d 0" OrOgest. TM We Gull isd to deuvw earl Oset/ to tAe O1140%* sraod• is *wade* Via a* twit st Hn "" yoerMSt. She Lesaitt� %W& �tT tiet®i' 1 @ieutfflk avow b tp �e�si of au oMtwr Nlgps• TAe U d" cw*wO►, a !tat iilltsiais Cespssv-um epeeo to pq a e.4adstd of an esorw sAespr. 11M law= CGIVANT LbImA jam eG" *&"w tsIlli7= 7RU -250 a -s) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 • i • RESOLUTION No. ''I,Os 2 A RESOLUTION APPROVING AN AGREEMENT FOR THE ACQUISITION OF AN INTEREST IN A CERTAIN ;9ATER LINE. WHEREAS, there has been presented to the City Council of the City of Newport Beach an Agreement between the Laguna Beach County Water District, the Irvine Company, and the City of Newport Beach, under date of March 4, 1953, wherein and where- by the City will acquire an undivided one -half interest in the flowage capacity of the water line running from Corona del Mar to the vicinity of the intersection of 16th Street and Pomona Avenue in Costa Mesa, California, for the sum of approximately $100,000.00; and WHEREAS, it appears to be for the best interests of the citizens of the City of Newport Beach that the City expend the sum of $140,000.00 for the said undivided one -half interest in said pipe line in order to insure the continued and future service of water to its citizens; NOW, THEREFORE, BE IT RESOLVED that the City of Newport Beach enter into said contract with the Laguna Beach County Water District and the Irvine Company, and the Mayor and the City Cler: be, and they are hereby, authorized and directed to execute said contract in behalf of the City of Newport Beach. BE IT FURTHER RESOLVED that an executed copy of said Agreement be delivered by the City Clerk to the Laguna Beach County Water District and the Irvine Company respectively. The above and foregoing Resolution was duly and regul- arly passed and adopted by the City Council of the City of New- port Beach, at a regular meeting thereof, held on the /37y day o r c , 1953, by the following vote, to wit: AYES, COUNCILMEN:T�_�Q„ NOES, COUNCILMEN: ABSENT COUNCILMEN: �n G ATTEST: Mayor '. ��� ity ulerk !; i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 • i • RESOLUTION No. ''I,Os 2 A RESOLUTION APPROVING AN AGREEMENT FOR THE ACQUISITION OF AN INTEREST IN A CERTAIN ;9ATER LINE. WHEREAS, there has been presented to the City Council of the City of Newport Beach an Agreement between the Laguna Beach County Water District, the Irvine Company, and the City of Newport Beach, under date of March 4, 1953, wherein and where- by the City will acquire an undivided one -half interest in the flowage capacity of the water line running from Corona del Mar to the vicinity of the intersection of 16th Street and Pomona Avenue in Costa Mesa, California, for the sum of approximately $100,000.00; and WHEREAS, it appears to be for the best interests of the citizens of the City of Newport Beach that the City expend the sum of $140,000.00 for the said undivided one -half interest in said pipe line in order to insure the continued and future service of water to its citizens; NOW, THEREFORE, BE IT RESOLVED that the City of Newport Beach enter into said contract with the Laguna Beach County Water District and the Irvine Company, and the Mayor and the City Cler: be, and they are hereby, authorized and directed to execute said contract in behalf of the City of Newport Beach. BE IT FURTHER RESOLVED that an executed copy of said Agreement be delivered by the City Clerk to the Laguna Beach County Water District and the Irvine Company respectively. The above and foregoing Resolution was duly and regul- arly passed and adopted by the City Council of the City of New- port Beach, at a regular meeting thereof, held on the /37y day o r c , 1953, by the following vote, to wit: AYES, COUNCILMEN:T�_�Q„ NOES, COUNCILMEN: ABSENT COUNCILMEN: �n G ATTEST: Mayor '. ��� ity ulerk !; 4 LAGUNA BEACH COUNTY WATER DISTRICT SPECIFICATIONS and other CONTRACT DOCUIvMNTS for CLEANING AND CEMENT MOTAR LINING OF 30" GUNITE COATED STEEI:PIM BETSVEEN 16TH STREET AND POMONA AVE. IN COSTA IIJESA AND FERNLEAF AVE., IN CORONA DEL MAR. A. J. STEAD - CIVIL ENGINEER Laguna Beach, California LJ • Ll LEGAL NOTICE LAGUNA BEACH COUNTY WATER DISTRICT NOTICE INVITING BIDS (For Lining 30 inch Water Supply Pipeline) 1. Sealed bids for cleaning and ce- ment mortar lining approximately 20,760 feet of 30 inch gunite coated steel pipe in place in accordance with by the Laguna Beach Count} Water District at its office at 306 Third Street, Laguna Beach, California, until 7 :30 o'clock, P. M,, on April 16, 1953, at which tfine they will be pub- licly opened and read. The work is located between Faintest Avenue in corona del Mar and 16th and Pomona Streets in Costa Mesa. 2. Plans, specifications and other contract documents may be seen or Obtained at the office of A- J. Stead, Lngmeer for the District, at 306 Tiord Street, Laguna Beach, Califor- nia. The said contract documents shall consist of this Notice inviting Bids, Instruction to Bidders. the form of Proposal, the form of Agree - ment and Bonds, the Specifications and the Drawings listed theism, and tiny addenda setting forth modifica- tions or interpretations of any of the documents, all of which documents are on file in the office of the Dis- lrc', s Engineer. 3. Each hid must he accompanied by an unconditional certified or cash- ier's check, payable to Laguna Beach (..ounty Water District, in an amount not less than 10 percent of the ag- gregate sum of the bid, or by a sat - ,sfaclo y bond in said amount and so payable, as it guaranty that the bidder will, if award is made to him in accordance with the terms of his proposal, execute the contract, se- cure workmen's eompensatwo, and furnish satisfactory' bonds for faith- ful performance of the contract and for the payment of claims of materi- shown and laborers. The faithful performance bond shall be in the sum of not less than 50 percent of the aggregate amount of the bid and the bond for materialmen and Is. borers shall be in the sum required by Chapter 3, Title 1, Division 5 of the Government Code of the State of California. 4. In accordance with the provis- ions of the California Labor Code, the Board of Directors of the Dis- trict has ascertained the general prevailing rates of per diem wages in the locality' in which the said work is to be performed, and also the general prevailing rates for legal holidays and overtime work, for each craft or type of workman or me- chanic needed for the execution of the contract, to be as follows: Rote Classifiea0on per Hour $2.57 2.57 2.75 ng Iron Worker 2.61 RS - - General or Constru4ten Vibrating Machines, and Simi- 2.12 tar mechanical tools not sep- 2.37 arately classified herein 214 Cement Dumper (on 1 Yd. or 2.45 larger mixers and handling 2.52 bulk cement) 2.14 Cribber or Shorer 2.29 Asphalt Raker and Ironer 2.14 Buggymobile Man 2.14 Cutting Torch Operator ( Demo- 2.35 lition) 1.99 Concrete Curer - Impervious Membrane 2.12 Driller 222 Fine Grader (highway and Street Paving only) 2.04 Flagman 1.94 Watchman 1.86 Riprap Stonepaver 2.12 Sandblaster (Nozzleman) 2.37 Sandblaster (Pot Tender) 2.12 OPERATING ENGINEERS 2.45 A -Frame -Boom Truck 2.52 Apprentice Engineer, including 2.74 Fireman, Oiler, Greaser 2.12 Air Compressor Operator 224 Concrete Mixer Operator -Skip ' Type 2.35 Motor Patrol Operator, includine 2.17 pe nt power blade 2.66 or DW10 or Tourneapull 2.02 .or 2.66 it Breaker Operator 2.45 perator 2.24 aer Operator 2.74 operator 2.45 ader Operator -Wheel 2.09 Drivers of Dump Trucks -12 Yds. 2.38 Hi -Litt Shovel Operator 2.74 Operator - Bulldozer, 2.17 ;r, Scraper or Drag Type or Boom Attachments 2.52 ig Machine Operator 2.60 d Equipment Operator tl, Dragline Derrick, Der - 2.09 urge, Clamshell or 1 2.74 Drivers of Dump Trucks of less than 4 Yds. Water Level 2.02 Drivers of Dump Trucks -11 Yds. but less than 8 Yds. water level 204 Drivers of Dump Trucks -8 Yds. but less than 12 Yds. water level 2.09 Drivers of Dump Trucks -12 Yds. but less than 16 Yds. water level 2.17 Drivers of Trucks -Legal Pay- load Capacity less than 6 tons 2.02 Drivers of Trucks -Legal Pay- load Capacity between 6 and 10 tons 2.09 Drivers of Trucks -Legal Pay- load Capacity between 10 and 15 tons 2,09 Drivers of Dumpster Trucks 2.37 Drivers of Transit -Mix Trucks- Under 3 Yds. 2.24 Drivers of Transit -Mix Trucks 3 Yds. or more 2.37 Wal er Truck Driver - -Under 2500 _ Gal_ _ 2.07 ul sn 256 PLUMBERS & FITTERS Plumber- Ctility Pipeline 2.79 Pipeline Journeyman 2.75 Unless otherwise separately classi- fied, foremen for carpenters, cement finishers, operating engineers, labor- ers, and truck drivers, shall be paid not less than $1.40 per day more, and all other foremen not separately classified, not less than $1.00 per day more than the journeyman rate for the craft involved. The above listed rates are based on a working day of 8 hours. For any working time of more than 8 hours in any one calendar day and for time worked on Saturdays, Sun- days, and any of the following seven legal holiday's, to -wit: New Year's Day, Memorial Day, Fourth of July, Labor Day, Armistice Day, Thanks- giving, and Christmas, not less than one and one half times the above nee own, toe straignt rates as specified shad be paid for flagmen, guards, or watchmen for any time worked In excess of 8 hours per day it,{ or 40 hours per week `�`t^ It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the Said prevailing rates to all laborers, workmen, and mechanics employed by them in the execution of the contract, 5. Award will be made to the low- est responsible bidder but the Dis- trict reserves the right to reject any or all bids or to waive any in- formality in any bid. Award will not be made for less than all the items of the proposal. THE LAGUNA BEACH COUNTY WATER DISTRICT By Leslie C. Sentelle, Secretary. (Pub. April 3, 1953) I L- 0 INSTRUCTIONS TO BIDDERS 1. PROPOSAIS. Bids, to receive consideration, the District has not made an underground survey and shall be made in accordance with the following instruc- does not guarantee the location and elevation of any tions: pipes or structures to he as indicated or that those (a) Bids shall be submitted upon the form of indicated are all the pipes or structures Bidders shall Proposal contained in these specifications, properly executed and with blank spaces properly filled. Num- bers shall be stated both in words and figures. In case words and figures do not agree, the words shall gov- ern. The completed form should be without interlinea. lions, alterations, or erasure. Bids shall not contain any recapitulations of the work to be done. Alternate proposals will not be considered unless called for. No oral, telegraphic, or telephonic proposals or modifica- tions will be considered. Any proposal which, in the opinion of the Engineer of Work, is so unbalanced between the various contract items as to be detrimental to the interests of the District shall be rejected. A bidder may withdraw his proposal at any time prior to the hour fixed for opening bids by submitting a written request to the Engineer of Work for its with- drawal. (b) Each bid shall be accompanied by a certified or cashier's check made payable to the Laguna Beach County Water District in an amount not less than 10 per cent of the aggregate sum of the bid, or by a bond for said amount and so payable, said check to be held uncollected until it becomes subject to disposal as herein provided. If the bidder to whom award is made fails or refuses to execute the contract and furnish the required bonds within the time stated in the Proposal, said check and the monies represented thereby shall be and remain the property of the District. The check of the bidder to whom contract has been awarded will be returned to him after all the acts for the performance of which said check is required have been fully performed. Checks of other bidders will be returned as soon as their proposals have been rejected, or, in any event, at the expiration of 30 days after the date of opening bids. (c) Before submitting a bid, bidders shall care- fully examine the plans, read the specifications and other contract documents, visit the site of the work, and fully inform themselves as to all existing and local conditions and limitations. The plans show con- ditions as they are supposed or believed by the Engin- eer to exist, but it is not intended or to be inferred that the conditions as shown thereon constitute a rep- resentation by the District or its officers that such con- ditions are actually existent, nor shall the District or any of its officers be liable for any loss sustained by the Contractor as a result of any variance between conditions as shown on the plans and the actual condi- tions revealed during the progress of the work, or otherwise. Data shown on the plans relative to the location and elevation of underground pipes and structures have been obtained from the best sources available but satisfy themselves by such means as they choose as to the actual conditions and requirements. The quantities of work or material stated in the estimate of quantities are given only as a basis for the comparison of bids and the District does not agree that the actual amount of work or material required for the construction and completion of the work will correspond therewith. Final payment will be made for the actual quantities of work done. (d) Bid shall be delivered in a sealed envelope to the Secretary of the Laguna Beach County Water District at her office at 306 Third Street, Laguna Beach, California, on or before the day and hour set in the Notice Inviting Bids for the opening of bids. The envelope shall be marked with the name of the bidder and the title of the work. It is the sole responsibility of the bidder to see that his bid is received in proper time. 2. INTERPRETATION OF DRAWINGS AND DOCUMENTS. If any person contemplating submit- ting a bid is in doubt as to the true meaning of any part of the specifications, drawings, or other contract documents, or finds discrepancies in or omissions from said documents, he may request the Engineer in writ- ing for an interpretation or correction thereof. The person submitting such request shall be responsible for its prompt delivery. 3. INSURANCE POLICIES AND BONDS. Atten- tion is invited to the provisions of the Insurance Code and the Government Code of the State of California with reference to the writing of insurance policies and bonds covering risks located in this State, and the pre- miums and commissions thereon. A bidder to whom contract is awarded shall furnish, at the time his bonds are submitted for approval, satisfactory evidence that the requirements of said Code have been observed. It is requested by the District that the bonds and insurance required by or incidental to the performance of this contract be obtained through authorized agents or brokers maintaining offices within the District. 4. AWARD OF CONTRACT OR REJECTION OF BDIS. The Contract will be awarded to the lowest re- sponsible bidder complying with the requirements of the Contract Documents. In selecting the lowest respon- sible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work. Prior to the acceptance of any bid, bidder shall, at the request of the District, submit satisfactory evidence of his financial responsibility, of his experience on work of a similar nature, and of the plant and equipment he proposes to use and has available for use on the work. LAGUNA BEACH COUNTY WATER. DISTRICT R R O P O S A L For Construction of Water Supply Pipeline and Appurtenant Structures. Proposals received until 7:30 P.U. Agx i td) 1953 To the Board of Directors of Laguna Beach County Water District Laguna Beach, California The undersigned hereby proposes and agrees, in the event • his bid as submitted in the attached Bidding Sheet be accepted, to contract, in the form of agreement approved by the District, to perform all the work mentioned in said form of agreement, the speci- fications, and other contract documents, and to complete the same within the time stipulated therein; and to accel)t in full payment therefor the prices named in the Bidding Sheet, which said prices are to include and cover the furnishing of all materials, the per- forming of all labor reouisite or proper, the providing of all necessary machinery, tools, equipuent, apparatus, and other means of construction, and the performance and completion of all the work in the manner described in the plans and specifications and other contract documents. • P — 1 The undersigned further agrees to execute the agree- ment, secure insurance covering the payment of workmen's com- pensation, and furnish the required bonds, all within 10 days from date of mailing of notice of acceptance of this proposal to him at his address as given below, and that upon his failure to do so within said time, then the certified or cashier's check or bid bond accompanying this bid and the money payable thereon shall be forfeited to and become the money of the Laguna Beach County Water District as liquidated damages for such failure. The undersigned hereby declares that the only person or parties interested in this proposal as principals are those • named herein; that this bid is made without any connection with any other person or persons making a bid for the same pur- pose; that the bid is in all respects fair and without collusion or fraud; that he has read the Notice Inviting Bids and the Instructions to Bidders and agrees to all the stipulations con- tained therein; that he has carefully examined the Specifications and the drawings therein referred to and the approved form of agreement; and that, by investigation at the site of the work, he has satisfied himself as to all local conditions which may in any way affect the work. The undersigned further declares that the surety or sureties named in the space provided below have agreed to fur- nish bonds in the form and aggregate amounts set forth in the . Notice Inviting Bids, in the event contract is awarded on the P - 2 basis of this proposal The undersigned further declares that this bid is based upon completing the work within 75 calendar days from date of approval of the executed contract. It is understood that award will not be made for less than all the items of the proposal, except that the District reserves the right to omit the work specified in Item No. 5 of the Bidding Sheet. Dated: Bidder's Post Office Address Names and addresses of all members of the firm or names and titles of all officers of the corporation: • y Bidder Title Corporation organized under the laws of the State of Contractor's License No. Surety or Sureties: 0 • PROPOSAL -- BIDDING SHEET Schedule of prices for cleaning and cement motar lining of 30 inch and 24 inch pipeline between Engineer's Station 184 { 80 and 391 + 71 as shown on Plan and Profile of Main Water Supply Conduit of Laguna Beach County Water District. Item Description, approximate quantities, Amount No. and unit price. 1. Clean and cement mortar line 30" gunite coated steel pipe between approximate Stations 184 + 80 and 195 + 00. 1020 linear feet at words dollars ($ 3.9 S ) per lin. ft. 2. Clean and cement mortar line 24° cast iron pipe between approximate Stations 195 4 00 and 196 + 00 100 linear feet words dollars ($ 4' 30 )per lin.ft 4_90.00 3. Clean and Cement i;iortar line 30" gunite coated steel pipe between Approximate Stations 196 +00 and 273 + 50 7750 linear feet a words ollars ($ 3`812 )ner Lin.ft 29rO.00 4. Clean and cement mortar line 30" gunite coated steel pipe between an?)roximate Stations 279 + 00 and 391 + 70 11270 linear feet at 3 So words dollars ($ ) per lin.ft 42, R24,60 5. Clean and cement mortar line 2411 cast iron pipe between approximate Stations 273 450 and 279 + 00 ( "under -bay crossing ") 550 linear ft. at A n1 s words ($_AL30 )per lin.ft a 36S.c0 TOTAL 74 738_00 P- 4 0 BIDDMIS SUTEMENTS The bidder shall state below ghat work he has done of a similar character to that included in the proposed contract. • The bidder shall submit financial data and other informa- tion and references sufficiently comprehensive to enable the Board of Directors of the District to judge of his financial res- ponsibility, experience, skill and business standing. • P —� 0 If any portion of the cork is to be subcontracted, list the name and address of each sub - contractor who will perform work or render service to the Contractor in or about the con- struction of the rork, and a statement of the pork which mill be done by each sub - contractor. • 7hen, by whom, and in what manner was this proposed work inspected on behalf of the bidder. • AGREEMENT This Agrement made and entered into this day of 195, by and between the Laguna Beach County Plater District, a District organized under the County hater District Act of the State of California (Chapter 592, Statues of 1913, approved June 10, 19131 as amended) and now referred to as the County Water District Law, Division XII of the Water Code of the State of Oali- fornia, hereinafter designated as the District, party of the first part, hereinafter designated as the Contractor, party of the second part: • WITNESSETH: That the parties hereto do mutually agree as follows: ARTICLE I. The complete contract includes all the Contract Documents to wit: The PTotice Inviting Bids, the Instructions to Bidders, the Proposal, this Agreement and the Faithful Performance and Materialmen and Laborers Bonds, the Specifications and the Drawings mentioned therein, and all modifications incorporated in those documents before their execution all of which are hereby incorporated in and made a cart of this Agreement. ARTICLE II. For and in consideration of the payments and agree- ments to be made and performed by the District, the Contractor agrees with the District to clean and cement mortar line the 30" gunite coated steel pipe between 16th and Pomona in . Costa Mesa and FernleaP Avenue in Corona del Mar and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the C -1 • specifications hereto attached, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary, therefor, and to do everything required by said Contract Docunent. ARTICLE III. For furnishing all said materials and labor, ob- taining all permits and licenses of a temporary nature, furnish- ing and removing all plant, temporary works or structures, tools and equipment, and doing all the work contemplated and embraced in this Agreement; also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its accept- ance by the District, and for all risks of every description • connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, ex- cept such as in the said Contract Documents are expressly stipu- lated to be borne by the District; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in said Documents and in accordance with the re- quirements of the Engineer under them, the District will pay the Contractor and the Contractor shall receive in full compensation therefor the prices named in the Proposal hereto attached. ARTICLE IV. The District hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Con- tractor to provide the materials and to do the work acording to the terms and conditions herein contained and referred to, for C — 2 the prices aforesaid, and hereby contracts to pay the same at is the time, in the manner and upon the conditions set forth in the Contract Doucments; and the said -carties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. IN WITNESS MVMOF: The parties hereto have caused this contract to be executed the day and the year first above written. • Attest: LAGUNA BEACH COUNTY WATER DISTRICT 5M Secretary of Laguna Beach County '.'later District M Apnroved as to form and execution: Attorney for Laguna Beach County Water District. C-3 President Contractor (Corporate Seal) 0 3011D FOR FAITHFUL • KNOLL ALL I &N BY TIiESE PRESYITTS: That we Hereinafter referred to as "Contractor$" as principal, and SURETY, are held firmly bound unto the Laguna Beach County Water District, in the sum o lars, , lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, LIHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with the Laguna Beach County Water District for cleaning and cement mortar lining the 30" gunite coated steel pipe between 16th and Pomona in Costa Mesa and Fernleaf Avenue in Corona del Mar and is required by said District to give this bond in connection with the execution of said contract: NOW, TIIIEREFO -U, , if the said Contractor shall well and • truly do an perform all of the covenants and obligations of said contract on his part to be done and performed at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; 0 -4 PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any release either the Contractor or the surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either the Contractor or the surety, and notice of such alterations or extensions of the contract is hereby waived by the surety. WITNESS our hand this day of 195._ 0 . Approved: President of the Board of Directors (Seal) Approved as to form and execution: Attorney for the Laguna Beach County Water District C -5 Cohtractor Title Surety P -TO KNOW BY ALL MEN THESE PRESENTS: That we, as principal, as surety, are held and firmly bound unto the Laguna Beach County Seater District, in the sum of dollars ($ ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the above obligation is such that: • WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract iith the Laguna Beach County Water District for cleaning and cement mortar lining the 30 "_gunite coated steel pipe between 16th and Pomona in Costa Mesa and F'ernleaf Avenue in Corona del Mar and is required by said District to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said principal as Contractor in said contract, or his subcontractors, fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with reference to such work or labor, said surety will pay for the same, in an amount not exceeding the sum specified above, and also, in case suit is brought iri,,Non this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, com- panies and corporations, and their assigns, entitled to file claims under and by virtue of the provisions of Section 1184E of the Code of Civil Procedure of the State of California, approved May 10, 1919, as amended. c -6 PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any may release either the Contractor or the surety thereunder, nor shall any extensions:of time granted under the provisions of said contract release either the Contractor or the surety, and notice of such alterations or extensions of the contract is hereby waived by the surety. WITNESS our hands this day of 195_ (Seal) TA 0 Approved: President of the Board of Directors By Approved as to form and execution: Attorney for the Laguna Beach County Water District. n �J Principal Title Surety 0 -7 d l] 0 SPECIFICATIONS GENERAL CONDITIONS: 1. DEFINITIONS. Whenever the following defined words are used in these specifications or in any of the other contract documents they shall have the meanings here given. (a) The word District means the Laguna Beach County Water District. (b) The words Board of Directors or Board mean the Board of Directors of the District. (c) The word Engineer means the Engineer of Work duly appointed by the District, acting either directly or through his properly author- ized agents. (d) The word Contractor means the party of the second part entering into contract with the District for the performance of the work re- quired by these specifications or his properly authorized agent. The Contractor is referred to throughout the contract documents as if of the singular number and masculine gender. (e) The word Subcontractor means an individual, firm or corporation supplying labor and /or materials or equipment for the performance of the work whose contractural relationship is with the Contractor and not with the Dis- trict. (f) The term "the work" or "performance of work" includes labor or materials, or both labor and materials, equipment, transportation, or other facilities necessary to complete the contract. (g) The words "plans" or "drawings" mean the plans for the work as listed in the Detail Specifications and include any supplemental drawings which may be issued by the Engi- neer.. (h) The terms "approved," "directed," "satisfac- tory," "accepted," "acceptable;' "proper;' "re- quired," "necessary,' and "or equal" mean as approved, directed, satisfactory, accepted, ac- ceptable, proper, required, necessary, or equal in the opinion of the Engineer. 2. CORRELATION AND INTENT OF DOCUMENTS. The Contract Documents consist of the Notice Invit- ing Bids,. the Instructions to Bidders, the Proposal, the Agreement and Bonds, the Specifications, and the Drawings. These contract documents are comple- mentary, and what is called for in any one shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work including the furnishing of all labor, ma- terials, equipment, and transportation necessary for the proper execution and completion of the work. Anything not shown in the drawings or the speci- fications but necessary properly to complete the work in accordance with the law and governmental regu- lations, shall be performed by the Contractor as though shown in the drawings and specifications. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 3. SUBCONTRACTS. Subcontracts may be per- mitted to such extent, and only to such extent, as shall be shown to be necessary or definitely advan- tageous to the principal contractor in the prosecution of the work, and without injury to the interests of the District. The resubletting of work by a subcontractor shall be subject to the same limitations as an original subletting. In general, the brokering of work will not be favored, and the subletting of the entire contract, or of substantial complete units of it, will be permitted only upon an adequate showing of necessity involv- ing some new condiition not reasonably foreseeable at the time of the proposal. No subcontract will be permitted which has the effect of avoiding the resi- dence or wage requirements or any other provisions of the main contract. A copy of each subcontract, if in writing, or if not in writing then a written statement signed by the Contractor giving the name of the subcontractor and the terms and conditions of such subcontract, shall be filed with the Engineer before the subcontractor be- gins work. Each subcontract shall contain a reference to the agreement between the District and the Con- tractor, and the terms of that agreement and all parts thereof shall be made a part of such subcontract in- sofar as applicable to the work covered thereby. Each subcontract shall provide for its annulment by the Contractor at the order of the Engineer if in the Engineer's opinion the subcontractor fails to comply with the requirements of the principal contract insofar as the same may be applicable to his work. Nothing herein contained shall create any contractural relation between any subcontractor and the District, or relieve the Contractor of any liability or obligation hereunder. Reference is hereby made to the provisions of Sections 4100 to 4107, both inclusive, of the Govern- ment Code of the State of California. Violation by the { Contractor of any provision of the cited code sections u:{ shall subject him to the penalties and disabilities therein prescribed. 4. TIME AND ORDER OF COMPLETION. The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the Engineer, to complete the work within the time limits fixed. He shall complete any portion or por- tions of the work in such order of time as the Engi- neer may require. The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the con- tract. 5. AUTHORITY OF THE ENGINEER. The Engi. ' neer shall have general supervision and direction of the work; shall give all orders and directions con- templated under the contract; shall determine the adequacy of the Contractor's methods, plant, and ap. purtenances and may direct the application of forces to any ,part of the work or order any force increased or decreased as may be reasonably necessary to in- sure proper execution of the work or may stop the work when necessary to prevent its improper exe- cution; shall determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work . and materials and may reject any work or materials . which do not conform to the requirements of the Con- tract; shall determine all questions in relation to the work and the construction thereof; and shall decide in all cases every question which may arise relative to the fulfillment of this contract on the - pdrt, -of Abe' v -1 a 0 0 u SPECIFICATIONS -- GENERAL CONDITIONS Contractor. Should any discrepancy appear or any misunderstanding arise as to the import of anything contained in the specifications or drawings, the matter shall be referred to the Engineer, who shall decide the same in accordance with the true intent and meaning as construed by him, and his decision shall be binding on the Contractor unless formal protest is made as provided in Section 14 hereof. 6. LINES, GRADES AND MEASUREMENTS. Un- less otherwise specified all lines and grades will be given by the engineer. The Contractor shall preserve all bench marks, monuments, survey marks, and stakes, and in case of their removal or destruction by him or his employees he shall be liable for the cost of their replacement. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the times and places at which he intends to do work, in order that lines and grades may be furnished, that inspection may be provided, and that necessary measurements for record and payment may be made. No direct payment will be made to the Contractor for the cost of any of the work or delay occasioned by fixing lines and grades, or making necessary measurements, or by inspection. 7. SUPPLEMENTAL DRAWINGS AND INSTRUC- TIONS. The Engineer shall furnish, if necessary, by means of drawings or otherwise, additional instructions required for the proper execution of the work. All such instructions shall be consistent with the Contract Documents and reasonably inferable therefrom. All drawings signed by the Engineer and delivered to the Contractor after execution of the Agreement, and all revisions of these and of the specification drawings, shall be deemed written instructions to the Contractor. 8. RIGHT OF WAY AND LANDS. The District will provide all necessary land, rights of way, and easements for the work under this contract. 9. EXTENSION OF TIME. If the work is delayed in consequence of any act or omission of the District, or by strikes, acts of God, or other unforeseeable causes beyond the control and without the fault or negligence of the Contractor, or his subcontractors, the Contractor shall be entitled to so much additional time wherein to complete the contract as the Engi- neer shall certify in writing to be just. Applications for extension must be made in writ- ing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the causes thereof shall have been called to the attention of the Engineer in writing within 30 days immediately following the end of such delay. 10. OBLIGATIONS OF CONTRACTOR. The Con- tractor at his own sole cost and expense shall per- form all labor and services and furnish all the ma- terials, tools, and appliances necessary or proper for performing and completing the work in the manner and within the time stipulated in the Detail Specifi- cations. He shall furnish, erect, maintain, and remove the construction plant and such temporary works as may be required. He alone shall be responsible for the safety, efficiency, and adequacy of his plant, appli- ances, and methods, and for any damage which may result from their failure or their improper construc- tion, maintenance, or operation. The Contractor shall complete the entire work to the satisfaction of the Engineer, and in accordance with the plans and specifi- cations, at the prices fixed in the contract. The Contractor shall give his personal attention to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work con- tinually during its progress. In the absence of the Con- tractor from any part of the work, orders may be given by the Engineer to the superintendent or fore- man who may have charge of the part of the work in reference to which orders are given. The Contractor shall conform to all instructions, rulings and decisions of the Engineer. 11. CONTRACTOR'S RESPONSIBILITY. The Con- tractor shall bear all losses resulting to him on ac- count of the amount or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the work, or because the nature of the ground in or on which the work is done is different from what is assumed or was expected, or on account of the weather, floods, or other causes, and he shall indemnify and save harmless the District, its officers and employees, from all claims of any kind arising from the negligence of the Contractor or his agents in the performance of the work. 12. ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR. The Contractor shall check all di- mensions and quantities in the drawings and specifi- cations and if, either before commencing work or in the course of the work, he finds any discrepancy be- tween the specifications and the drawings, or between either and the physical conditions at the site of the work, or finds any error or omission in any of the drawings or in any survey, or if he observes that the contract or the drawings or specifications are at vari- ance with any applicable law, ordinance, regulation, order, or decree, he shall promptly notify the Engi- neer of such discrepancy, error, omission or conflict. The Engineer, upon receipt of any such notice, shall promptly investigate the circumstances and give appro- priate instructions to the Contractor. Until such in- structions are given, any work done by the Con- tractor will be at his own risk. 13. LEGAL ADDRESS OF CONTRACTOR. The address given in the Contractor's proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communi- cations to the Contractor shall be mailed or delivered but this shall not be deemed to preclude the service of any notice, letter, or other communication upon the Contractor personally. 14. PROTESTS. If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instructions, ruling or decision of the Engineer, or of any inspector, to be unfair, he shall within ten days after any such demand is made, or instruction, ruling, or decision is given, file a written protest with the Engineer, stat- ing clearly and in detail his objections and the reasons therefor. Except for such protests and objections as are made of record in the manner and within the time stated herein, the Contractor shall be deemed to have waived and does hereby waive all grounds for pro. tests or objections to such demands, instruction, rul. ing, or decision of the Engineer. 15. INSPECTION. All materials furnished and all work done under these specifications shall be subject to rigid inspection by the Engineer or his authorized G -2 0 0 SPECIFICATIONS— GENERAL CONDITIONS representatives. Work done in the absence of pre. scribed inspection shall be at the Contractor's risk and shall be subject to rejection. Work covered up without the authority of the Engineer shall, upon order of the Engineer, be uncovered to the extent required, and the Contractor shall bear the entire cost of all the work and materials necessary for re- moval of the covering and its subsequent replace- ment. The Contractor shall submit samples, specimens, or test pieces of such material to be furnished or used in the work as the Engineer may require. All material must be of the specified quality and equal to approved samples if samples have been submitted. The Con- tractor shall furnish without cost to the District such quantities of concrete, concrete aggregate, and other construction material as may be required for test purposes, and shall cogperate with the Engineer in sampling and testing of all materials and workman- ship. All work shall be done and completed in a thor- ough workmanlike manner, notwithstanding any omission from these specifications or the drawings. The Contractor shall keep on the work a copy of the specifications and drawings and shall at all times give the Engineer access thereto. He shall at all times and for any purpose permit the Engineer or any of his representatives, or any representatives of the District, to have access to the work and the premises used by the Contractor and he shall provide safe and proper facilities therefor. Furthermore, the Engineer and his representatives and representatives of the District, shall, at all times, have immediate access to all places of manufacture where machinery or ma- terials are being manufactured, produced, or fabricated for use on the work, and shall have full facilities for determining that all such machinery or materials are being made strictly in accordance with the speci- fications and drawings. The Contractor shall, when- ever so requested, give the Engineer access to the proper invoices, bills of lading, etc., and shall provide facilities and assistance for weighing or measuring any of the materials. 16. DEFECTIVE WORE OR MATERIALS. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill his contract, and de- fective work shall be made good, and unsuitable ma- terials may be rejected, not - withstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for pay- ment. If the work, or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect, without compensation, in a manner satisfactory to the Engineer. The Contractor shall remove from the ,premises all materials condemned by the Engineer as unsuitable or not in conformity with the specifications. If the Contractor shall fail or neglect to make ordered repairs of defective work or to remove con- demned materials from the work within ten days after the service by the Engineer of an order to do such repair work or remove such materials, the Engineer, acting in behalf of the District, may make the ordered repairs or remove the condemned materials and de- duct the cost thereof from any moneys due the Con- tractor. 17. DOMESTIC ARTICLES, MATERIALS AND SUPPLIES. In the performance of this contract, or any sub - contract hereunder, there shall be used only unmanufactured materials produced in the United States, and only manufactured materials manufact- ured in the United States substantially all from ma- terials produced in the Unied States, all as set forth, defined and provided in Sections 4300 to 4305, both in. clusive, of the Government Code of the State of Cali- fornia. Preference will also be given to supplies grown, manufactured or produced in the State of California, as set forth, defined and provided in Sections 4330 to 4334, both inclusive, in said Government Code. 18. PATENTS OR COPYRIGHTS. The Contrac- tor shall hold and save the District and the Board, its officers, agents and employees, harmless from liabil- ity of any nature and kind, including costs and ex- penses, for or on account of any copyrighted or un- copyrighted composition, secret process, patented or unpatented invention, article, or appliance, manufac- tured, furnished or used by him in the performance of this contract, including their use by the District, un- less otherwise specifically stipulated in this contract. 19. COMPLIANCE WITH LAWS AND REGU- LATIONS. The Contractor shall keep himself fully informed of all laws, ordinances, and regulations in any manner affecting those employed on the work, or the materials used in the work, or in any way af- fecting the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times him- self observe and comply with, and shall cause all his agents, employees, and subcontractors to observe and comply with all such applicable laws, ordinances, reg- ulations, orders, and decrees in effect or which may become effective before completion of this contract; and shall protect and indemnify the District, the Board and its officers and agents against any claim of liabil- ity arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself, his employees, or his subcontractors. Unless otherwise explicity provided in these speci. fications, all permits, and licenses necessary to the prosecution of the work shall be secured by the Con- tractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used in connection with the work. 20. PUBLIC SAFETY. During the performance of the work the Contractor shall erect and maintain temporary fences, bridges, railings, and barriers and take all other necessary precautions and ,place proper guards for the prevention of accidents; shall put up and keep suitable and sufficient lights and other sig- nals and shall indemnify and save harmless the Dis- trict and the Board, its officers and agents and em- ployees from all damages and costs to which they may be put by reason of injury to persons or property re- sulting from the Contractor's negligence or careless. ness in the performance of the work, or in guarding the same, or from any improper materials, imple- ments, or appliances used in its construction, or by or on account of any act or omission of the Contractor or his agents. The Contractor shall be responsible for all damage or Injury which may be caused on any property by trespass by the Contractor or his employees in the course of their employment, whether the said trespass was committed with or without the consent or know- ledge of the Contractor. G -3 0 SPECIFICATIONS — GENERAL CONDITIONS 21. INTERFERENCE WITH TRAFFIC AND PUBLIC UTILITIES. The Contractor shall so conduct his operations as not to close or obstruct any portion of any highway, road, street, or private driveway, or prevent free access to fire hydrants, until he has ob- tained permits therefor from the proper authorities. If any highway required to be kept open shall be rendered unsafe by the Contractor's operations he shall make such repairs or provide such temporary guards as shall be acceptable to the authorities having juris- diction, and to the Engineer. Any highway or street maintenance or repair work required by local author- ities in connection with necessary operations under his contract shall be performed by the Contractor at his own cost and expense. Fences subject to interference shall be kept up by the Contractor until the work is finished and then restored to their original condition. The Contractor shall not do any work that would affect any pipe line, telephone line, electric transmis- sion line, or other public utility, or structure, nor ent- er upon the right of way or other lands appurtenant thereto, until notified by the Engineer that the Dis. trict has secured authority therefor from the proper companies or parties. Thereafter and before he begins such work the Contractor shall give said companies or parties due notice of his intention to do so, and he shall give said companies or parties convenient ac- cess and every facility for removing, shoring, support- ing, or otherwise protecting such lines, utilities, or structures and for replacing same. 22. CHARACTER OF WORKMEN. None but skilled workmen shall be employed on work requiring special qualifications. When required in writing by the Engineer, the Contractor, or any subcontractor, shall discharge any person who is, in the opinion of the Engineer, incompetent, unfaithful, disorderly, or other- wise unsatisfactory, and shall not again employ such discharged person on the work except with the con- sent of the Engineer. Such discharge shall not be the basis of any claim for compensation or damages against the District. 23. PREVAILING RATES OF PER DIEM WAGES. The District has ascertained the general pre. vailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman needed to execute the contract and has specified same in the Notice Inviting Bids which is attached hereto and made a part of the contract. The Contractor and all subcontractors shall comply with all requirements and provisions of Sections 1774 and 1776 of the California Labor Code. The Contractor shall forfeit as a penalty to the District $10.00 for each cal. endar day, or ,portion thereof, for each workman paid less than the said stipulated prevailing rates for any work done under the contract by him, or by any sub- contractor under him, in violation of the provisions of the California Labor Code. 24. EIGHT HOUR DAY. Subject to the provi- sions of Sections 1810 to 1817, both inclusive, of the California Labor Code, the time of service of any lab- orer, workman, or mechanic employed on the work shall be limited and restricted to eight hours during any one calendar day, except as otherwise provided in said sections, and the Contractor shall forfeit, as a penalty to the District, $10.00 for each such laborer, workman, or mechanic employed in the execution of this contract by him or any subcontractor under him, for each calendar day during which such laborer, work- man, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of the California Labor Code. 25. EMPLOYMENT OF ALIENS. Except in cases of extra- ordinary emergency, caused by fire, flood, or danger to life or property, or except on work upon public military or naval defenses or works in time of war, no alien shall be employed, and the Con- tractor shall forfeit, as a penalty to the District, $10.00 for each alien knowingly employed in the execution of the contract by him, or by any subcontractor under him, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the California Labor Code. 26. PUBLIC LIABH.ITY AND PROPERTY DAM- AGE INSURANCE. The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall pro- tect him, and any subcontractor performing work cov. ered by this contract, from claims for damages for per- sonal injury, including accidental death, as well as from claims for property damages, which may arise from his operations under this contract, whether such opera. ations be by himself or by any subcontractor, or by any- one directly employed by either of them, and the amounts of such insurance shall be as follows: G -4 Public Liability Insurance, in an amount not less than $50,000 for injuries, including acci- dental death, to any one person, and, subject to the same limit for each person, in an amount not less than $100,000 on account of one acci. dent. Property Damage Insurance in an amount not less than $50,000. i 0 SPECIFICATIONS -- GENERAL CONDITIONS 27. ASSIGNMENT OF CONTRACT. The Contrac- tor shall not assign or otherwise dispose of his con. tract, nor of any part thereof, nor of any monies due or to become due thereunder, without the previous written consent of the Engineer acting in behalf of the Board. No such assignment will be approved unless the instrument of asisgnment contains a clause to the effect that it is agreed that the funds to be paid the asignees under the asignment are subject to prior liens and claims for services rendered or materials supplied, for the performance of the work called for in the con. tract, in favor of all persons, firms, or corporations rendering such services or supplying such materials. 28. DISTRICT'S RIGHT TO TERMINATE OR SUSPEND CONTRACT. If the work to be done under the Contract shall be abandoned by the Contractor, or if the Con- tractor shall make a general assignment for the bene- fit of his creditors or be adjudicated a bankrupt, or a receiver of his property or business be appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than as hereinbefore specified, or if at any time the Engineer shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the con. ditions or covenants of the contract or of the specifica- tions, or is executing the same in bad faith or not in accordance with the terms thereof, or if the work be not fully completed within the time named in the con- tract for its completion, or approved extensions of such time, the Engineer, acting in behalf of the District, may by written notice instruct the Contractor to dis. continue all work, or any ,part thereof, under this contract. When such written notice is served upon the Con. tractor, he shall immediately discontinue the work, or such part thereof as is covered by the notice, and shall not resume the same except by written instruc- tions from the Engineer. In any such case the Dis- trict may take charge of the work and complete it by whatever method it deems expedient. In so doing the District may take possession of any materials, plant, tools, equipment, supplies, and property of every kind provided by the Contractor for the purpose of his work. The Contractor shall not he entitled to receive any payments after the date of said notice. If upon com- pletion of the work the total cost to the District, in connection therewith from the date of said notice to the date of completion, exceeds the amount which would have been due the Contractor if the Contract had been completed by him, he shall pay the amount of such excess to the District; and in case such total cost shall be less than the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the difference shall be paid to the Contractor in the same manner as the final payment under the Contract. The District also reserves the right of suspending the whole or any part of the work if the Engineer shall deem it for the interest of the District to do so and, unless otherwise provided in the Detail Specifications, the Contractor shall have no claim for damages or addi- tional compensation on account of such suspension but will be entitled to so much additional time wherein to complete the contract as the Engineer shall certify In writing to be just. 29. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME. All of the work to be done under this contract shall be completed on or before the date set forth in the Proposal and the Specifica- tions, except as such time of completion shall be defer- red by duly approved extensions of time. The Con- tractor shall pay for each and every day, including Sundays and legal holidays, that he shall be in default in completing the whole work to be done under this Contract, the sum named in the Detail Specifications, which sum is, by the execution of the agreement, mu- tually agreed upon, not as a penalty, but as liquidated damages which the District will suffer by reason of such default, it being impractical to fix the actual damage that may result from any delay in the com- pletion of the work beyond the time stated. The Dis- trict shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor. 30. CHANGES. If the Engineer finds it imprae. ticable to comply strictly with these specifications, he may prescribe a modification of requirements or meth- ods of work, and for such ,purposes the Engineer may at any time during the life of the Contract, by written order, make such changes as he shall find necessary in the design, line, grade, location, dimension, plan, or material of any part of the work or equipment speci- fied, or in the quantity or character of the work or equipment to be furnished. If such changes increase or diminish the amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. In the event of any such modification the total amount of work actually done shall he paid for accord. in to the unit price established for such work under the Contract, wherever such unit price has been es- tablished. If no prices are named in the Contract to cover such changes the cost thereof shall then be cov- ered as hereinafter ,provided for extra work. 31. EXTRA WORK. If during the ,performance of the Contract it shall, in the opinion of the Engineer, become necessary or desirable for the proper comple- tion of the Contract to order work done or materials or equipment furnished which, in the opinion of the Engineer, are not susceptible of classification under the items named in the Proposal, the Contractor, upon receiving written order to do so, shall perform such work and furnish such materials and equipment. Such work, materials or equipment so ordered will be classed as extra work. No extra work will be paid for unless ordered in writing. Unless a lump sum or unit price shall be mutually agreed upon for each Item of extra work performed by the Contractor, such extra work will he paid for at the actual field cost consisting of necessary cost of materials, supplies, labor (including foreman's wages), workmen's compensation insurance, and the reasonable value of the use of equipment for the actual time it Is used, all as determined by the Engineer, plus 15 percent. Said field costs shall not include such items as general expenses, field superintendence, excise and property taxes, bond premiums, license and inspection fees imposed by any governmental authority, and other expenses not directly occasioned by such extra work. Any extra work performed hereunder shall be sub- ject to all the provisions of the Contract. 32. MONTRLY COST STATEMENTS. The Con- tractor shall furnish the Engineer, at the end of each calendar month, all information necessary to determine the cost of the work up to that date, including an itemized statement in a form satisfactory to the Engi- G -5 0 0 0 SPECIFICATIONS— GENERAL CONDITIONS neer of the actual cost of all labor, materials, rentals, repairs, compensation and other insurance, transporta- tion of labor and equipment and materials, engineering and other special services, supervision, overhead, depre- ciation, taxes properly chargeable against the work, and any and all costs entering into the work. The Contractor shall permit the Engineer to have access to original payrolls, vouchers and other records to the extent required to verify the figures given in each such statement, and the Contractor shall not be entitled to receive payment on any partial or final estimate un- less and until he shall furnish the Engineer a satisfac- tory statement of the cost of the work up to the end of the month for which said partial or final estimate is made. 33. ESTIMATES AND PAYMENTS. Within the first ten days of each calendar month the Engineer shall make an estimate in writing, such as in his opin- ion shall be just and fair, of the total amount and value of the work and materials furnished by the Contractor and incorporated in the work up to the end of the preceeding month. The estimate shall be com- puted on the basis of the unit prices and lump sums named in the Contract, to which shall be added any amounts due the Contractor for extra work. A deduc- tion of 10 percent shall be made from the total thus computed, and from the remainder there shall be fur. ther deducted any amounts due the District from the Contractor for supplies or materials furnished or ser- vices rendered and any other amounts that may be due the District under the terms of the Contract. From the balance thus determined shall be deducted the amount of all previous partial payments and the remainder shall constitute the ,progress estimate for that month. Unless otherwise specifically provided in the Detail Specifications, neither materials unincorpor. ated in the work nor the Contractor's plant shall be included in the progress estimates. Copies of each monthly progress estimate shall he promptly filed with the District and the Contractor. The Contractor shall bill the District, on proper forms, for payment in conformity with each such monthly progress estimate made by the Engineer and within ten days thereafter the District will pay to the Con- tractor the amount of said estimate, provided, that no such partial payment shall constitute an acceptance of the work or any portion thereof. Whenever the Contractor shall deem all work under this Contract to have been completed in accord- ance therewith, he shall so notify the Engineer in writing, and the Engineer shall promptly ascertain whether such be the fact, and if not shall advise the Contractor in detail and in writing of any additional work required. When all the provisions of the Contract have been fully complied with to the satisfaction of the Engineer, he shall proceed with reasonable diligence to determine, from actual measurements, the total amount of work done by the Contractor and the value of the work under and according to the terms of the Contract, and he shall make a final estimate and cer- tify in writing such estimate and the fact of such com- pletion of the work and shall file copies thereof with the District and the Contractor. Within ten days after the date of completion the Engineer shall cause to be filed, on behalf of the Dis- trict, in the office of the County Recorder of the County in which the work is located, a Notice of Com- pletion of the work. On the expiration of 35 days after filing of such Notice, the District shall ,pay to the con- tractor the amount remaining after deducting from the amount or value stated in the Engineer's certificate all sums as shall theretofore have been paid to the Con- tractor under any of the provisions of the Contract, and also any or all sums of money which by the terms of the Contract the District is or may be authorized or required to retain. Acceptance by the Contractor of said final payment shall operate as, and shall be, a release to the District, the Board, its members, agents, and employees from all claim and liability to the Con- tractor for anything done or furnished for, or relating to the work, or for any act or neglect of the District, its officers, agents and employees. G -6 0 r � U • DETAIL SPECIFICATIONS SPECIAL CONDITIONS. 34. THE REQUIREIAENT. The work to be done urder this con- tract consists in general of cleaning and applying cement motar to the interior surface of approximately 3.8 miles of 30" gunite coated steel pipe water supply conduit extending from 16th Street and Pomona Avenue in Costa Mesa to Fernleaf Avenue in Corona del Mar. The Contractor shall furnish all labor, materials, tools, equipment, and supplies necessary for the performance and completion of the work in accordance with the plans and specifications therefor. 35• CONTRACT DRAWINGS. The plans for the work consist of Sheets 1 and S to 16 inclusive of Plan and Profile of Main Water Supply Conduit of Laguna Beach County Water District. Plans, specifications and other contract documents may be seen at the office of A.J. Stead, Engineer for the Dis- trict, at 306 3rd Street, Laguna Beach, California, or may be obtained upon payment of the amount named in the Notice Invit- ing Bids. 36. BEGINNUTG AND COMPLETION OF THE WORK. The Contractor shall begin work within 10 days after date of execution of the contract and shall complete all the work included in the contract within 75 days after date of approval of the executed contract. In accordance with the provisions of Section 29 hereof it is stipulated and agreed that the Contractor shall pay, as S ti 1 liquidated damages, the sum of $50 per day for each calendar day • that he shall be in default of satisfactorily completing the con- tract within the specified time or within such extensions of time as may be gtanted. 37. SUS%ENSION OF WM. If the work or any part thereof should be suspended by order of the Board in accordance with Section 28 hereof, the Contractor shall, upon 7 days written notice, discontinue the work, or such part thereof as ordered, except such operations as may be ordered by the Engineer to pre- vent loss of work already accomplished. Work shall be resumed by the Contractor, after such suspension, on 7 days' written notice from the Board, and the Contractor shall be paid on the same basis as for Extra Work, in • accordance with the provisions of Section 31 hereof, for all costs of work performed in accordance with orders of the Engineer during said suspension (provided that this shall not include any costs pertaining to work not suspended), and the Contractor shall be entitled to extension of time wherein to complete the work as provided in said Section 29. In the event the entire work shall have been so sus- pended the District shall also pay the Contractor as fixed and liquidated damages, the sum of $25.00 per day for each calendar day during which the entire work shall have been suspended by or- der of the Board. 39- INSPECTION OF T:IORK aND I;TSPECT.ON COSTS. In addition to the requirements of Section 15 of the General Conditions, the . Contractor shall bear all costs of inspection and traffic regula- tion lawfully exacted by the Federal Government, the State of Cali- 3 - 2 • fornia, or any County, City or District, (except Laguna Beach County Water District),during the time of performing work affecting the property of said Government, State, County, City or District. 39, MEFOWLANCE OF 17ORK IN PUBLIC STREETS AND STATE HIMMAY. The Contractor shall comply with the lawful orders, regulations, and ordinances of the Division of Highways of the State of Cali- fornia, and of the County of Orange and City of Newport Beach applying to construction operations affectin; property or im- provements under the respective jurisdictions of said authoritiies. The Contractor shall apply for and procure such licenses, excavation and related -permits as may be required by the regula- tions or ordinances of said State, County, and City, with the exception that the necessary encroachment permit from the State • Division of Highways &iI�738 obtained by the District and may then be seen by the Contractor at the office of the District. Nothing herein shall be construed to entitle the Con- tractor to the exclusive use of any public street or way during performance of the work, and he shall so conduct his operations as not to interfere unnecessarily with the authorized work of utility companies or other agencies in such streets and way. LINING THE PIPE 41. EXCAVATICN AND BACYFILL. The Contractor shall make all excavations necessary for the prosecution of the work, shall provide lights and barricades and maintain the excavations in a safe manner, and shall provide suitable diking to exclude flood and drainage waters. • All excavations shall be backfilled to the level of the original ground surface. Backfilling of excavations made in State S -3 Highway right -o£ -way or in streets under jurisdiction of the County of Orange or City of Newport Beach shall be done in accordance with the respective requirements of said State, County, and City. Elsewhere backfilling may be done by flooding with water as di- rected by the Engineer. 42. ACCESS OPEA,I; ?GS CDT IY PI1111 LIEF. Before commencing work the Contractor shall submit drawings for approval showing the lo- cation and type of openings he proposes to cut in the pipeline for entrance and access and the method of closing such openings when the lining is completed. Adequate dikes and channels for diverting flood and drain- age water from said openings shall be provided by the Contractor. Temporary covers over the ends of the pipe, at openings shall be . used to provide proper curing conditions for completed section of the pipeline. 43. CLEANING OF PIPE. Cleaning of pipe shall be done by an approved method and shall include the removal of scale, dirt, rust, "tubercles", loose particles of original asphalt lining, and all other foreign material. After cleaning, the interior of the pipe shall present a smooth surface free from foreign matter without sharp or abrupt edges betreen coated and uncoated pipe and without accumulated water on the pipe wall or at the joints. The Contractor shall be responsible for the disposal of all cleaning water and materials suspended therein, and shall make all necessary arrangements for such disposal with the private or public parties concerned. . 44. IITTIRIOR IP?SPECTIOD? AND REPAIR OF PIPE. after the cleaning operation is complete the Engineer will, without delay, inspect S -4 the interior of the pipe. Should areas of deep pitting or other • defects, or evidence of leakage be found, which exist through no fault of the Contractor, repairs will be made by the District and the Contractor, shall so conduct his operations that such re- pairs can be made without delay. The District shall not be liable for any loss sustained by the Contractor occasioned by the making of such repairs. 45. CEMENT MORTAR FOR LINING. Motar for lining shall be a mixture of Portland cement, screened sand and water, well mixed and of the proper consistency to produce a dense honogeneous lining that will bond firmly to the pipe. The water cement ratio shall be kept as loci as possible consistent with proper plasticity for application, allowing slight variations dependent upon tem- perature, length of haul for mortar, and moisture conditions in • the pipe. To improve qualities of density, durability, and sur- face smoothness, Pozzolan cement may be used to replace a portion of the Portland cement in each batch of mortar. The ratio of such use shall be one part Pozzolan Cement to 5 parts Portland cement, by volume. lowing: Materials for cement mortar shall comply with the fol- Portland cement shall conform to the requirements of A.S.T.M. Specifications, Designation c9 - 38, with subsequent amendments. Pozzolan cement shall meet the requirements of a..S.T.M. Specifications, Designation C10 - 37, rith subsequent amendments. Sand shall be clean, well graded, and free from organic • matter; shall all pass a No. 14 sieve and shall contain not more than four percent by weight of material passing a No. 200 sieve as S -5 determined in method of test outlined in A..S.T.M. Designation 0117 - 48 • Water shall be clean and free of any materials harmful to the making of good mortar. The proportions of cement and sand in the mortar shall be one part of Portland cement to from one to one and one -half parts of screened sand, by volume, the exact proportion to be determined by the characteristics of the sand available for the work. The mortar shall be mixed by machine for a length of time sufficient to obtain maximum plasticity, such time being in general not less than three minutes. After mixing is completed the mortar shall be promptly applied to the pipe. 46. OUTLETS AND APPURTITATCES OF THE PIPE. Before placing the lining, outlets in the pipe leading to air - valves, blow -offs, man- holes or other appurtenances, and to any connecting pipes, shall be temporarily plugged with satisfactory stoppers, or other suitable provision shall be made so that the cement mortar will not be thrown into such outlets or appurtenances. All of such work shall be done by the Contractor and he shall remove all such stoppers, or other devices, after completion of lining operations and he shall repair any lining damaged in such removal to the satisfaction of the Engineer. The outlet oTenings shall then be trimmed, smoothed and mortar pointed to provide smooth flow, and outlet pipes shall be mortar pointed to the outlet valve, but not exceeding a length of 2 feet. Any outlets or appurtenances damaged in the work shall be replaced by the Con- tractor. 47. PLACING CEu iTT MORTAR LILTING. Cement mortar lining shall • be placed by machine, the essential features of which shall be: 1. An applicator head, centered within the pipe, which will centrifugally project the mortar against the wall of the s -6 pipe at a high velocity and in such manner that alaPlication • of the mortar will be equal on all wall surfaces. 2. Attachments troweling a smooth surface finish to the applied mortar. Care shall be taken to com_oensate for torque so the machine will set true in the pipe and the trowel faces will not vary in angle with the mortar surface during a complete 360 degree cycle. Trowels shall be cleaned at frequent intervals to prevent accumulated mortar from ob- taining initial set and drawing a sanded on unglazed finish. Operation of the trowels shall be continuous at all times during the a�- Iication of cement mortar and for- ward progress of ine lining machine. 3. Progression of the machine ahead of the lining so that . nothing shall come in contact with the troweled surface until it has attained its final set. Control of the for- ward progress of the machine and of the mechanical -placing of the mortar shall be provided to assure a uniform thick- ness of lining as specified. Only such machines as have successfully placed cement mortar as herein specified and which have been in service and proved satisfactory shall be acceptable. Cement mortar lining shall adhere to the steel at all points and shall have a finished thickness of 318 inches plus or minus a tolerance of 116 inch. Prior to ap »lication of centrifugally placed mortar, groove rings at joints shall be filled with hand troweled mortar where required by the Engineer. icrnediateiy prior to the passage of t:_e lining machine over any section of rice, the Contractor shall thoroughly clean the pipe S- 7 of all foreign matter, including any sand and loose mortar which has • been carried along the pipe bottom by cables and lining equipment. The Contractor shall take whatever means are necessary to provide a lining which, after receiving its finish troweling, shall not be roughened by any rebound material or by mortar direct from the seining machine. The finished lining shall be continuous, dense, and srnoo th. To increase bond and to prevent the forming of blisters due to entrapped air, the Contractor shall thoroughly saturate preplastered areas with water or a brush coat of thin cement paste just prior to the application of spun cement mortar. Should blisters still form, they shall be chipped out and hand plastered. 49. HAIM FINISHING. Defective areas in the machine- troweled Cement mortar for patching shall be of the same materials as the mortar for machine lining, except that a finer grading of sand and a mortar richer in cements may be used when field inspection indi- cates superior results therefrom. Defective areas shall be thoroughly cleaned of all loose and foreign material and shall then be moistened with water just prior to the hand application of the mortar. Smooth steel finishing trowels shall be used for the hand apl)l.ication of cement mortar, except that the outer edges of hand trow- eled areas may be brushed to reduce the abutting offset. All hand finishing work required in a given pipe section spun mortar lining shall be repaired by hand patching to yield a lin- cation ing similar in all respects to that required herein for machine lining. Cement mortar for patching shall be of the same materials as the mortar for machine lining, except that a finer grading of sand and a mortar richer in cements may be used when field inspection indi- cates superior results therefrom. Defective areas shall be thoroughly cleaned of all loose and foreign material and shall then be moistened with water just prior to the hand application of the mortar. Smooth steel finishing trowels shall be used for the hand apl)l.ication of cement mortar, except that the outer edges of hand trow- eled areas may be brushed to reduce the abutting offset. All hand finishing work required in a given pipe section S - 9 shall be completed not later than the day following the machine appli- cation of mortar lining to that particular pipe section, whether normal S - 9 working day or otherwise. Machine application of mortar lining shall . be slowed down or stopped, as directed by the Engineer, to assure hand- patching of defective lining in accordance with the above provision. 49. CURING OF LINING. Immediately after completing any portion of the mortar lining, including hand work, curing operations shall be- gin. The pipe shall be closed and a moist atmosphere shall be maintained in the pipe to keep the lining damp and to prevent evaporation of en- trained water from the mortar. Airtight bulkheads shall be used over open ends of pipe and also inside the pine to isolate completed sections of mortar lining. Any air introduced into the pipe for ventilating or curing purposes shall be humidified and the Contractor shall main- tain a moist atmosphere inside the pipe until the pipe is filled with water by the District. Sections of mortar lined pipe will be filled with water by the District as soon as possible after lining, but no pressure, other than that due to variations in the grade of the pipe- line, shall be put on any section until the lining has been in place at least 49 hours, or as directed by the Engineer. 50. REPLACING PIPE SECTIONS. Pipe sections which have been removed for access to the pipeline shall be braced above ground to conform as nearly as possible to the shape of the pine in the ground and shall then be cement mortar lined by either machine of hand trowel- ing. Immediately after being lined, such.sections shall be bulkheaded to maintain proper curing conditions. After at least 48 hours curing, such sections shall be welded into the pipeline with buttstraps'not less then 3%9 inch thick by 6 inches wide. The interior joints shall then-be pointed.with cement mortar.. The exterior of the buttstraps and any uncoated exterior area of the pipeline shall be coated with • gunite of thickness and quality equal to that of the pipeline from which the section was cut. S -9 Welds shall be made by the electric shielded arc method • of welding. The Contractor shall be responsible for the quality of the work performed by his welders. Caulking of welds will not be permitted. If leakage is found in any weld made by the Contractor after the pipeline is refilled with water by the District, the Con- tractor shall pay the cost of unwatering the line including cost of water, shall remove the weld by chipping or cutting and shall make a new weld. 51. The quantity of cement mortar lining to be paid for shall be the length in linear feet of pipeline cleaned and lined with the required thickness of cement mortar as specified. The unit price per linear foot named in the Proposal for cement mortar lining of pipe shall include full compensation for fur- nishing all labor, materials, tools, and equipment necessary for ex- cavation and backfill; pumping or draining or other required measures for removal or exclusion of water; cutting access openings into the pipe and closing same; performing all operations required in con- nection with cleaning and lining of pipe; maintaining required bar- ricades and lights; protecting the public and adjacent property and improvements; maintaining and restoring affected roads, driveways, fences and other improvements; and all other work which may be re- quired to complet the cleaning and lining of the pipeline. ADDENDMI NO.I CLARIFYING ITEM 5 OF THE BIDDING SHEET. It is intended to test the 2411 cast iron pipeline crossing Newport Bay, between Stations 273+50 and 279 +00 , so as to determine the nature and extent of any repairs which may be S - 10 • necessary. The unit price named by any bidder in said Item 5 shall not not include any cost for making repairs to said portion of the mpe- 0 line. In the event re-airs are found necessary the District may in- struct the Contractor to do the work under the provisions of Section jl of these specifications. ADDENDUM NO. 2 (Section TSt omitted in typing) 40. WATER FOR CONSTRUCTION PURPOSES. The Contractor shall make all arrangements for and pay the cost of water for construction and cleaning purposes and shall provide pumps, pipe, and other equipment necessary for its trans- portation to the place of use, S - 11