Loading...
HomeMy WebLinkAboutC-2401 - Water Main Replacement 1983-840 October 15, 1984 Thibodo Construction Co. 1370 Sycamore Avenue Vista, CA 92084 c Subject: Surety Co.:' Bonds No.: Project: Contract No.: CITY OF NEWPORT BEACH OFFICE OF THE CM CLERK (714) 640 -2251 Industrial Indemnity Co. YS855 -5416 Water Main Replacement Program 1983 -84 C -2401 The City Council on September 24, 1984, accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded with the Orange County Recorder on October 1, 1984, Reference No. 84- 405508. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Wanda E. Raggio City Clerk WER:lr cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 PLEASE RETURN TO: �YgFP� • City Clerk qi< rFSTfp City of Newport Beach o 3300 Newport Blvd. Newport Beach, CA 92663 -3884 NOTICE OF COMPLETION PUBLIC WORKS EXEMPT sii—] 84- I o All Laborers and Material Men and to Every Other Person Intere OCT 9Q FBc4Cy 1 YOII WILL PLEASE TAKE NOTICE that on September 24, 1984 the Public Works project consisting of Water Main Replacement Program 1983 -84 (C- 2401) 9 on which_Thibodo Construction Co., 1370 Sycamore Ave.. Vista, CA 92084 was the contractor, and Industrial Indemnity Co., P.O. Box 80965, San Diego, CA was the surety, was completed. 92138 VERIFICATION I, the undersigned, say: CITY OF NEWPORT BEACH Public Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 2{, 1984 at Newport Beach, California. d�2io-� 4�)f)44 PublicfWorks Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on September 24, 1984 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 26, 1984 at Newport Beach, California. City Clerk (Deputy) ��UMUEO IN OFFICIALS OF ORANGE COUNTY L RE OR D -Y 05 PM OCT 1 '84 COUNTY AECORDEq � s �E`w�RT CITY OF NEWPORT BEACH u i � OFFICE OF THE CITY CLERK c'�4 rnaN`r (714( 640 -2251 September 27, 1984 Lee A. Branch O.C. Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: .Attached for recordatAon are two Noticas of Completion of Public Works projects consisting of: 1. Water Main Replacement Program 1983 -84, Contract No. 2401 on which Thibodo Construction Co. was the Contractor and Industrial Indemnity was the Surety. 2. Street, Alley & Bike Trail Resurfacing and Reconstruction Program, Contract No. 2415 on which Griffith Co. was the Contractor and United Pacific Insurance Co. was the Surety. Please record both these documents and return them to us. Sincerely, Wanda E. Raggio City Clerk WER:lr (2) Attachments cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • BY THE CITY COUNCIL CITY OF NEWPORT BEACH SEP 24 1984 TO: CITY COUNCIL FROM: Public Works Department C' -ago September 24, 1984 6S) CITY COUNCIL AGENDA ITEM N0. - I► SUBJECT: ACCEPTANCE`10F WATER MAIN'REPLACEMENT PROGRAM =3983 -84.( C-2401) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the construction of the 1983 -84 Water Main Replacement Program has been completed to the satisfaction of the Public Works Department. The bid price was $295,909.00 Amount of unit price items constructed 294,159.00 Amount of change orders 1,750.00 Total contract cost 295,909.00 Funds were budgeted in the Water Fund Account No. 50- 9283 -001. One change order was issued to provide for installation of an air /vacuum release valve at the high point in the main in Poinsettia Avenue. The design engineering was performed by the Public Works Depart- ment. The contractor is Thibodo Construction Company, Inc. of Vista, California. The contract date of completion was August 8, 1984. The contrac- tor was delayed two weeks in starting the work at Poinsettia Avenue and East Coast Highway because of an adjacent CalTrans project. The work was substantially complete by August 14, with final cleanup completed on August 22 1984. 4Y4 % � 4J. 4,4 Benjamin B. Nolan Public Works Director BBN:jw CALIFORNIA IN ACCORDAIgWITH THIS IS NOT A LIEN, THIS IS NOT A EFLE( L E CONSTRUCTION LEI Reputed Construction N C -a�� PRELIMINARY NOTICE 433 DTI 098, CALIFO� CIVIL CODE 3g Y OF ANY CONTRACTOR OR SUBCONTRACTOR C YOU ARE HEREBY NOTIFIED THAT ... CITY V NEWPORTSEACH, 9 MAY 241 1984 or RiCEI� EIJ D City of Newport Beach 3300 Newport Blvd. Attn: Wanda Anderson E Newport Beach, Ca. 92660 R L FOLD HERE S C O OWNER or PUBLIC AGENCY Por Reputed Owner (on public work) (on private work) Y J Construction loan known) FOLD HERE CertainTeed Corporation services, equip - (name of person or f ✓m furnishing labor, ment or material) P. 0. Box 407 Riverside, Ca. 92502 (address of person or firm furnisM1ing labor, services, First Shipment May 14, 1984 equipment or material) has furnished or will furnish labor, services, equipment, or materials of the following general description: Asbestos — Cement Pipe and Allied __- ---- -- equipment or (general description of the labor, services, egwp Materia materls ial furnishetl or to be furnished) for the building, structure or other work of improvement C -2401 located at: Water Main Replacement Prog (address or description of lob site p • a• r t Ht. S M rvaold s fl nt for nbficabo ) Coron Re`s. liar �• The name o t e person of firm who contracted for the purchase of such labor, services, equipment or material is: Inc -.- - -- Three (name and atltlress of person or i ) 19217 P•r0 Blvd Los Ca x0064 equipmenttor materials ffurn shed orfto belfurnished is: $ 38,000,00' (Dollar amount must be furnishetl to construction lender — optional as to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (name) (name) me) (address) (address) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fore- closure proceedings, of all or part of your property being ORIGINAL CONTRACTOR or so improved may be placed against the property even though you have paid your contractor in full. You may Reputed Contractor, if any wish to prated yourself against this consequence by 111 requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. Gated: Ma 2 1984 Re 6 C ttiue C redit Managel) Telepho umner (714 ) 686 -4414 I LDING INDUSTRY CREDIT ASSOCIATION (213) 382-71 This form (No. 594 Revised 1 /80) (D Copyrighted by and distributed through BU 0 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: CITY CLERK 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 DATE: April 13, 1984 SUBJECT: Contract No. C -2401 Description of Contract 1983 -84 Water Main Replacement Program Effective date of Contract April 13, 1984 Authorized by Minute Action, approved on March 26, 1984 Contract with Thibodo Construction Co.. Inc. Address 1370 Svcamore Avenue Vista, CA 92084 Amount of Contract $295,909.00 Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 s- • CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA. 92663 until 11.00_A M, on the 15th day of arch 19849 at;`which time such bids shall be opened and read or �I V e 2401 Contract No. $325,500 Engineer's Estimate • • • n Approved by the City Council this 27thday of February, 1984 Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Stephen Luy at 640 -2281. Project Engineer i L U 7 i N N Q1 O U �O•r Y u 34- i •.- U p o—a>� Ac ro L C Q eu 0 �•1 O 3 N — U . U L U Y Cr.0 C N ro r Y 0 4 c S-•r O •r = 3: (0 N O w 0 O O C O ro •r y M O, C c ro C L N E O N i O 0 4- c N V U U •r Y O i N ro U Ul V) N +J d d i + w 0rod O L L J c 0 Y Y Y N c t w rn pa�ooc Y N O (A U -,I L C C >ao0ai Gl c N ° .,•° > UU N i Y O L d R i y Y > N O S. 4- N 6! w O i S C1 •r O L 7 U L N- ro O Y c to U L N ro E t d N, S- 10 U Y U> Y C O C L O ro L O - 33v O_V •r E m L U O L a Y C N E Q) U ro CL v c ro f L d Y 3 ct co 1 M co m O N V It CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 'fR I 1 WATER MAIN REPLACEMENT PROGRAM 1983 -84 CONTRACT NO. 2401 To the' Honorable City.Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2401 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization, traffic control and permit and inspection fees @ Four Thousand Dollars and no Cents $ 4,000 Lump Sum 2. Lump Sum Abandon existing water mains and valves @Fifteen Hundred Dollars and no Cents $ 1,500 Lump Sum 3. Lump Sum Guard underground construction @One Thousand Dollars and no Cents $_1,000 Lump Sum 4. 12 Remove existing and replace with new Each fire hydrant assembly @Seventeen Hundred Dollars ' and no Cents $_1.700 $_20.400 Each S. 0 7 E E7 10. 11. IT 18 Install 6" butterfly valve Each • PR 1.2 PRICE PRICE @Three Hundred Fifty Dollars and no Cents $350 $6,300 Each 6 Install 8" butterfly valve Each @Five Hundred Dollars and no Cents $500 $3.000 6,505 Install 6" water main with trench Linear Feet resurfacing @Twenty One Dollars and forty Cents $21,40 $139,207 Per Linear Foot 2,170 Install 8" water main with trench Linear Feet resurfacing @ Twenty Three Dollars and cixt� Cents $21-60 $ 51,212 Per Linear Foot 164 Install 16" water main with trench Linear Feet resurfacing @Fnrt Dollars and Cents $4o 00 $ 6,560 Per Linear Foot 96 Jack steel casing & install 16" water main Linear Feet @One Hundred Eighty Dollars and no Cents $180.00 $ 17,280 Per Linear Foot 1 Install 18" x 16" tapping sleeve and Each valve @Four Thousand Four Hundred Dollars and no Cents $4,400 $ 4 ,400 • PR 1.3 ITEM QUANTITY ITEM DE CR T UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. 100 Reconnect existing 3/4" and 1" services Each @ One Hundred Eighty Dollars and no Cents $180 $18,000 Each 13. 70 Replace existing service (length of Each service less than 112 street or alley width) @ Two Hundred Fifty Dollars and no Cents $250 $17,500 Each 14. 13 Replace existing service (length of Each service greater than 1/2 street or alley width) @ Three Hundred Fifty Dollars and no Cents $350 $ 4,550 Each 15. Lump Sum Assemble and disassemble temporary bypass water system @ One Thousand Dollars and no Cents $ 11000 Lump Sum TOTAL PRICE WRITTEN IN WORDS TWO HUNDRED NINETY FIVE THOUSAND NINE HUNDRED NINE Dollars and NO Cents $295,909 11 Contractor s License No. & C asi lcation S /Matthew B. Dorfman, Asst. Secy. Authorized Signature /Title (67g)�727 -111 Bidder s Telephone No. March 15. 1984 1370 Sycamore Ave., Vista CA 92083 Date Bidder's Address 0 INSTRUCTIONS TO BIDDERS Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL.form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 200482 A Con tr's Lic. No. & Classification THIBODO CONST. CO., INC. Bidder S /MATTHEW B. DORFMAN, ASST. SEC'Y. Authorized Signature /Title • • Page 3 DESIGNATION OF SUBCONTRACTOR(S The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 1. Pipeline Three D Const. Co., Inc. 12217 W. Pico Blvd. #2 2. L.A., CA 90064 3. Boring Horizontal Boring Fontana, CA 4. 5. 6. 7. 8. 9. 10. 11. 12. THIBODO CONST., CO., INC. Bidder S /Matthew B. Dorfman, Asst. Sec'y. — �thorized Signature /Title FOR ORIGINAL SEE CITY CLERK'S FILE COPY < • • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, THIBODO CONST. CO., INC. as bidder, and INDUSTRIAL INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of 1 r 1 1 • • 1 y 1 r• • 111 1 • • • I I in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 15th day Of March , 198A- (Attach acknowledgement of Attorney -in -Fact) Margaret E. Mc Cobb Notary Public Commission expires 12/26/87 THIBODO CONST. CO., INC. Bidder S /Matthew B. Dorfman, Asst. Sec'y. Authorized Signature /Title INDUSTRIAL INDEMNITY COMPANY Surety By S /William E. Spicer Title Attorney -in -Fact • • Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 15th day of March , 1984. My commission expires: April 12, 1985 THIBODO CONST. CO., INC. S /Matthew B. Dorfman, Asst. Sec'y. Authorized Signature /Title S /Elizabeth A. Canepa Notary Public I Ff&ORIGINAL SEE CITY CLERK'S FILE4vPY Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. On file with City Clerk THIBODO CONST. CO.. INC. Bidder S /Matthew B. Dorfman, Asst. Sec'Y. — �thorized Signature /Title I I • • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1981 city of Glendale Norm Koonty (213) 956 -3905 1980 City of Paramount Bill Paget (213) 531 -3503 1980 City of Bellflower Bill McConnell (213) 866 -9003 S /Matthew B. Dorfman, Asst. Sec'y. Authorized Signature /Title • Page 8 NOTICE The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Ratinq Guide: Property - Casualty. Coverages shall be provided for all TAPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard S ecifications for Public Works Construction.(latest edi- tion adopted for use in the City of Newport Beach T, except as supplemented or modified by the Special Provisions for this project. i PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Page 9 BOND NO: YS855 -5416 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 26, 1984 has awarded to THIBODO CONST. CO., INC. hereinafter designated as the "Principal ", a contract for WATER MAIN REPLACEMENT PROGRAM - CONTRACT NO. 2401 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We THIBODO CONST. CO., INC. as Principal, and INDUSTRIAL INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED FORTY SEVEN THOUSAND, NINE HUNDRED FIFTY FOUR AND NO /100- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars .($147,954.00 ), said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal 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 other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3RD day of APRIL 14 84 4 Approved s to o i ty Attorney t 7 THIBODO CONST. CO., INC. (Seal) Name of Contraptoa (Principal) Authorized Signature and Title INDUSTRIAL INDEMNITY COMPANY (Seal) Name of Surety P. 0. BOX 80965,NAN DIEGO, CA. 92138 Addres of-Sureti Signature and Titl o ut orized gent WILLIAM E. SPICER, ttorney -in -Fact: P. 0. BOX 20160 -X SAN DIEGO CA.- 21 0 dress of gent (619)265-0361 elephone No. of Agent 0 0 t Power of XX Mornep 217 NOME OFFICE -SAN FRANCISCO RnoW all men by tbefse Prezentm That the INDUSTRIAL INDEMNITY COMPANY, a corporation organised and existing under the laws of the State of Cali- forma, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint -- -- ---- ------- ------ --- - -- - -- WILLIAM E. SPICER or 0. M. POPE -- -------------------- - - - - -- its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipula- tions, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of OBLIGEES------------ ----- - ----- -- -- -- -- - - - -- -- provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of ---------------------------------------- UNLIMITED-------------------------- ------ -- - -- - -- thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of the INDUS- TRIAL INDEMNITY COMPANY, at a meeting held on the 29th day of March, 1968, reading as follows: "RESOLVED, that K. K. Bechtel, Chairman of the Board, or Fred Drexler, President, or 1. W. Pedersen, Vice President, of this company, when attested by the Secretary or an assistant secretary, be and he hereby is authorized to execute Powers of Attorney quali- fying the attorney selected to act under such Power of Attorney to execute on behalf of Industrial Indemnity Company bonds, under- takings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto." In witness whereof, the INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 18eh day of NOVEMBER , 1969 SEAL Attest: C ... LARENCE G. JOHNSON ....................................... ............................... ( CLARENCE G. JOHNSON) Secretary INDUSTRIAL INDEMNITY COMPANY By ................J...W.. PEDERSEN .............................................. ............................... (J. W. PEDERSEN) VICE PRESIDENT STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO es. On this 18th day of NOVEMBER 19 69 , before me MARY MUELLER a notary public in and for the City and County of San Francisco, State of California, personally appeared J. W. PEDERSEN and CLARENCE G. JOHNSON known to we to be the VICE PRESIDENT and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on Mar. 29, 1968, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ..................MARY.. IUELLER ................................... ..... ...I... ... .... JULY 14, 1971 Notary Public in and for the City and County My comm exp res ............................... ............................... of San Francisco, State of California. 1, L. E. MULRYAN SECRETARY of the INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have Compared the power of attorney granted herein and the resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said power of attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name an satih officer and t seal of the INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California this 3RD da PR I L , 19 84 SEAL.............................. ............................... .... I ............ .... (LMULRYAN SECRETARY FORM IYO41 Rd to /561 • Page 11 BOND NO: YS855-5416 PREMIUM: $2,959.00 FAITHFUL PERFORMANCE BOND THE FINAL PRFA,niAA IS PREDICATED ON THE FINAL CONTRACT PRICE. KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 26, 1984 has awarded to THIBODO CONST. CO., INC. hereinafter designated as the "Principal ", a contract for WATER MAIN REPLACEMENT PROGRAM - CONTRACT NO. 2401 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, THIBODO CONST. CO., INC. as Principal, and INDUSTRIAL INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of TWO HUNDRED NINETY FIVE THOUSAND, NINE HUNDRED NINE AND NO /100- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dollars ($295,909-00 ) , said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice Page 12 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3RD day of APRIL 19 64 � roved as tonfo -4 Co., INC. ter Principa VA e Authorized Signature and Title Seal) INDUSTRIAL INDEMNITY COMPANY (Seal) Name of Surety SAN DIEGO. CA. 92138 siggnature ana titie{ r AUrAorizep Agent WfLLIAM E. SPICER, ttorney-irr- ac P. 0. BOX 20160 -X, SAN DtEC,O, CA. 92120 - Address of Agent """"-03" Telephone No. of Agent 0 I 1 ; _ I I - \� � \0\ \ j \ Cie \ ./` L a. E u : ` §'\ \�2 » g :- e�;2f!',® \�/ \� \ / { \/{ el;: \\ �ƒ \�\ / \f��y 'i \ ) §\ m \ . \ \ \I x } , \j\j\Z \E tj m 0 i9obver of Atornep 217 INDUSTRIAL HOME OFFICE, SAN FRANCISCO RnoW all men bp tbre a Preanto: That the INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of Cali• fornia, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint - -- --- ---- --------- ----- --- --- WILLIAM E. SPICER or 0. M. POPE-- ----------- ------ ----- --- - -- its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipula- tions, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of OBLIGEES----------- ------ --- ---- -- ------ - - - - -- provided that the liability of the Company as surety under his authority, in no one instance shall exceed the aum of ----------- --- --- --- ------ -- ------ - - - - -- UNLIMITED------------- --- ------ ----------- -- -- --- thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of the INDUS- TRIAL INDEMNITY COMPANY, at a meeting held on the 29th day of March, 1968, reading as follows: "RESOLVED, that K. K. Bechtel, Chairman of the Board, or Fred Drexler, President, or J. W. Pedersen, Vice President, of this company, when attested by the Secretary or an assistant secretary, be and he hereby is authorized to execute Powers of Attorney quali- fying the attorney selected to act under such Power of Attorney to execute on behalf of Industrial Indemnity Company bonds, under- takings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto." In witness whereof, the INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 18th day of NOVEMBER , 1969 SEAL Attest: CLARENCE G. JOHNSON ........................................ ............................... ( CLARENCE G. JOHNSON) Secretary INDUSTRIAL INDEMNITY COMPANY By.... ............J. W.. PEDERSEN .............................................. ............................... (J. W. PEDERSEN) VICE PRESIDENT STATE OF CALIFORNIA as. CITY AND COUNTY OF SAN FRANCISCO On this 18th day of NOVEMBER 1969 , before me MARY MUELLER a notary public in and for the City and County of San Francisco, State of California, personally appeared J. W. PEDERSEN and CLARENCE G. JOHNSON known to me to be the VICE PRESIDENT and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct Copy of the resolution duly passed at a meeting of the Board of Directors on Mar. 29, 1968, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official Seal the day and year in this certificate first above written. SEAL .................. MARY- 1,MLLER..._.... ,... . ....... ............................... JULY 14, 1971 Notary Public in and for the City and County My commission expires ._................................... .........._...._..... of San Francisco, State of California. I L. E. MULRYAN SECRETARY of the INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the power of- attorney granted herein and the resolution recited herein with the originals now on file in the principal office of said Company, and that the Same are correct transcripts therefrom and of the whole of the said originals, and that Said power of attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer aad Beal of the INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California this 3RD da I L , 19 84 SEAL... _..... ......_.._..__.........._._..__ _......_........_ . ..................... (L. MULRY SECRETARY FORM 1Ye41 R615(661 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED CERTIFICATE OF INSURANCE • Page 13 Compan I attar y A TRANSPORT INDEMNITY COMPANY lI°m*ory B FIREMAN'S FUND 'INSURANCE COMPANY Uompdny C Letter D E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, tha- Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registfred„ mail nattention: Public Works Department. CORROON & BLACK OF SAN DIEGO MARCH 984 Date Issue Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: 1983 -84 WATER BEELACEMENT PROGRAM Project Title and Contract Number TRACT #2401 NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. L11 Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp, . ro uc s LETTER COVERAGE REQUIRED No. Date Each Completed JAg Occurrence Operations GENERAL LIABILITY x Comprehensive Form x Premises - Operations Bodily Injury Property Damage $ $ $ $ x Explosion & Collapse Hazard A x Underground Hazard x Products /Completed Operations TAG- 5 -1 -84 Bodily Injury Hazard x Contractual Insurance x Broad Form Property.Damage 00054S and Property Damage Combined $ 500, $ 500, x Independent Contractors x Personal Injury Marine Aviation Personal Injury $ 500, AUTOMOTIVE LIABILITY A xU Comprehensive Form Owned TAG- 000545 5 -1 -84 Bodily Injury (Each Person $ $ Bodily Injury (Each Occurrence x Hired ❑ Property Damage ❑x Non -owned Bodily njury and Property Damage Combined $ 500, EXCESS LIABILITY A ❑ Umbrella Form x❑ Other than Umbrella Form TUL 675280 5 -1 -84 Bodily Injury and Property Damage Combined $ 1,000, $ 1,000, WORKERS' COMPENSATION I Statutor B and EMPLOYER'S LIABILITY WP 6190 2694 5 -1 -84 100,000 ac Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, tha- Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registfred„ mail nattention: Public Works Department. CORROON & BLACK OF SAN DIEGO MARCH 984 Date Issue Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: 1983 -84 WATER BEELACEMENT PROGRAM Project Title and Contract Number TRACT #2401 NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. L11 F: CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 14 It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( x) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence $ son-ono each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Project Title and Contract No. . CONTRACT #2401 This endorsement is effective MARCH 30, Ig84 at 12:01 A.M. and forms a part of Policy No. TAG nons4s Named Insured THIBODo CONSTRUCTION CO.. INC. Endorsement No. Name of Insurance Company TRANSPORT INDEMNITY Co. By� O Autho ed Representati Roger Bohning 0 • CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 15 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (x) Single Limit Bodily Injury Liability $ 500,000 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: 1983 -84 WATER MAIN REPLACEMENT PROGRAM CONTRACT #2401 Project Title and Contract No. This endorsement is effective MARCH 30, 1984 at 12:01 A.M. and forms a part of Policy No. TAG 000545 Named Insured THIBODO CONSTRUCTION CO., INC.. Endorsement No. 22 Name of Insurance Company TRANSPORT INDEMNITY CO Autho zed Representat Roger Bohning • ` Page 16 r CONTRACT THIS AGREEMENT, entered into this 1%day of P 19 �J , by and between the CITY OF NEWPORT BEACH, hereinafter "City and hereinafter "Contractor; "is made with reference to the fo owing facts: (a) City has heretofore advertised for bids for the following described public work: WATER MAIN REPLACEMENT PROGRAM 2401 Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: WATER MAIN REPL - 2401 Ti TPA Cont ract o. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Two Hundred ($295.909.00 )• is compensation includes 1 any loss da or mage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) l :�� -:� Y i� .: 4&z- .ie5a'�.+s` i Y i� .: 4&z- .ie5a'�.+s` '_ �� W .�'.�.n�.u..#...'... -_ :�z.'-- 4.` -w''4- _ '�= '_�'A"' �.a.__...- e-s.Ea -- _ SP'4+Ct3 a..anci. — -a � -u.v.. _ . -.._SL • • Page 17 (f) Plans and c ial Provisions for Wf11 CK I•IAL11 KLr UMM I PMUKAM Lou I Title of Project.' "° Contract No. (g) This Contract. �f A. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the Ries hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH ATTEST: City Clerk APPROVED AS TO FORM: CITY I % Thibodo cAr4str4iction Co., Inc. City Attorney By Its ViCMrWdrdftt By Its CONTRACTOR 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1983 -84- WATER MAIN REPLACEMENT PROGRAM CONTRACT NO. 2401 INDEX TO SPECIAL PROVISIONS SECTION PAGE t I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK. . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. "NO PARKING" SIGNS, ACCESS AND NOTICES TO RESIDENTS . . . 2 A. "No Parking" Signs . . . . . . . . . . . . . . . . . . 2 B. Access . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Notice to Residents . . . . . . . . . . . . . . . . . 3 V. WATER SERVICE . . . . . . . . . . . . . . . . . . . . . . 3 VI. WATER AND TEMPORARY BYPASS WATER SYSTEM . . . . . . . . . 3 VII. CONSTRUCTION SURVEY . . . . . . . . . . . . . . . . . . . 3 VIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . 3 A. Materials . . . . . . . . . . . . . . . . . . . . . . 3 B. Water Main Abandonment . . . . . . . . . . . . . . . . 4 C. Water Meter Boxes . . . . . . . . . . . . . . . . . . 4 D. Temporary Resurfacing . . . . . . . . . . . . . . . . 4 IX. PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . 4 I X. GUARDING UNDERGROUND CONSTRUCTION . . . . . . . . . . . . 5 XI. PAVEMENT STRIPING . . . . . . . . . . . . . . . . . . . . 5 RELEVANT PORTIONS OF CALTRANS PERMIT • 0 SP 1 of 5' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR WATER MAIN REPLACEMENT PROGRAM 1983 -84 CONTRACT NO. 2401 SCOPE OF WORK The work to be done under this contract consists of constructing in place approximately 8,500 linear feet of 16 -inch, 8 -inch and 6 -inch diameter water mains, fire hydrant assembly, water valves, water services, and other inciden- tal items of work as shown on the plans. The contract requires the completion of all the work in accordance with these Special Provisions, the Plans (Drawing No. W- 5155 -S), the City's Standard Special Provisions and Standard Drawings for Public Works Construction 1982 Edition, and the Standard Specifications for Public Works Construction, 1982 Edition, including 1983 supplement. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. A copy of the Standard Special Provisions and Standard Drawings may be purchased at the Engineer's office for $5. II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK All work under this contract shall be completed by June 30, 1984 or within ninety (90) consecutive calendar days after the start of work, whichever comes first. All work on Pacific Coast Highway shall be completed prior to June 15, 1984. A complete schedule showing the Contractor's proposed plan of construction shall be submitted in writing for the Engineer's approval at the preconstruction meeting. If, during the construction period, modifications of plan or schedule are required, each modification shall be approved by the Engineer prior to altering the previously approved schedule. The Contractor's schedule shall consider the phasing of water main construction, testing, disinfection, and connection to the existing system. The Contractor shall use the following guidelines in establishing this schedule: 1. No connections to existing water mains will be permitted until the new main has satisfactorily passed the hydrostatic test and has been disinfected. 2. Hydrostatic pressure testing will be permitted against new valves. Any temporary bulkheads for thrust resistance will be the responsi- bility of the Contractor. • Sp2of5 3. Cutting -in of new water mains shall be done at times resulting in the least disruption to water service. Shutdowns of up to four hours during the day will be permitted and will not require bypass. Opera- tions requiring a long shutdown period will require a temporary bypass. The Contractor shall notify the City's Utilities Superintendent, Mr. Gil Gomez, (714) 640 -2221, at least 48 hours in advance of the need to shut down or connect to any existing water mains. No shutdown will be allowed on Fridays,.Saturdays, Sundays, holidays, or after 12:00 noon. It will be the Contractor's responsibility to ensure the availability of all materials prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time. 'The intent of this section is to emphasize to the Contractor the importance of prosecuting the construction in an orderly, pre - planned, continuous fashion so as to minimize inconvenience to residents. III. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit or lump sum price bid for each item of work. The cost of maintaining water service to residents during construction shall be included in the unit price bid for installing the water main. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Government Code Sections 4590 and 14402.5. IV. "NO PARKING" SIGNS, ACCESS AND NOTICES TO RESIDENTS A. "No Parking" Signs The Contractor shall furnish, install, and maintain in place "NO PARKING" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Depart- ment, Traffic Division, at (714) 644 -3742, for verification of posting at least 40 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 on the CalTrans' Uniform Sign Chart. The Contractor shall print the hours, day and date of closure in 2 -inch- high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. .. . � Z r s or 5 B. Access Vehicular and pedestrian access shall be maintained at all times to resi- dences adjacent to the project area; however, where conditions preclude such access for reasonable periods of time (as determined by the Engineer), access shall be restored at the end of each work day. The City can provide, free of charge, a limited quantity of 1" thick, 5'x 10' steel plates. These plates may be obtained from and shall be returned to the City's Corporation Yard at 592 Superior Avenue. To determine the number of plates available and to reserve the plates, the Contractor must call Mr. Gil Gomez at (714) 640 -2221. C. Notice to Residents Forty -eight (48) hours before restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approxi- mately when vehicular accessibility will be restored. Twenty -four (24) hours before shutting off water service, the Contractor shall distribute to each affected address, as determined by the Engineer, a separate written notice stating the date and time the water will be shut off and approximate time the water will be turned back on. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. V. WATER SERVICE Water service shall be maintained at all times to residences except as permitted in Section II. The Contractor's methods of providing such continuous service shall be approved by the Engineer prior to construction. VI. WATER AND TEMPORARY BYPASS WATER SYSTEM The Contractor may obtain, at no cost, City water and temporary bypass water system for use on this project. The Contractor shall make arrangements to obtain such items from Mr. Gil Gomez, Utilities Superintendent, at (714) 640- 2221. The Contractor shall be responsible for transport to and from the job - site and for application at the jobsite. VII. CONSTRUCTION SURVEY Field survey for the control of construction shall be provided by the Engineer. VIII. CONSTRUCTION DETAILS A. Materials The Contractor shall use asbestos cement or ductile iron pipe materials at all locations. 1. Pipe and Fittings Water pipe and fittings shall conform to Section 207 -7 of the Standard Specifications. 2. A.C.P. Installation A.C.P. laying shall be performed in accordance with the recommendations . SP4of 5 of the manufacturer as described in the most recent publication of "Installation Guide, Transite Ring -Tite Pressure Pipe" published by Johns - Manville Corporation. Care shall be used to prevent damage in handling, moving, and placing the pipe. It shall not be dropped, dragged, nor handled in such a manner as to cause scratches, bruises, cracks, or chips. Power driven saws with abrasive discs shall not be used for dry cut- ting or beveling asbestos cement pipe. Asbestos cement chips and cuttings from the field operations shall be disposed of in a manner that will not contribute airborne asbestos dust to the atmosphere. Loose material shall never be dry swept. Water or other dust suppressants shall be applied in those circumstances where sweeping is unavoidable. B. Water Main Abandonment Water main abandonment shall include the following: 1. Removal and disposal of existing water valve frames and covers, P.C.C. box or metal riser type, backfilling void with sand, and placing sur- facing over the removal area to match existing surfacing. 2. Abandoned pipe openings shall be plugged with 4 inches minimum Class E mortar. 3. All water valves to be abandoned shall be left with the valve set in the open position. C. Water Meter Boxes The Contractor shall use existing concrete meter boxes. The City shall furnish to the Contractor, at no cost, meter boxes to replace those boxes which were identified by the City to be substandard or broken prior to construction. Boxes broken during the course of construction shall be replaced by the Contractor at his expense. D. Temporary Resurfacing Paragraph 4, Section 306 -1.5.1 "Temporary Resurfacing" of the Standard Speci- fications shall be deleted and the following added: The cost of furnishing, placing, maintaining, removing and disposing of temporary resurfacing shall be included in the unit costs to install the water main with trench resurfacing. Temporary resurfacing shall be 2" in thickness, and is required over all excavated pavement areas. IX. PERMITS The Contractor shall obtain the following permits prior to any construction: 1. Permit to perform excavation or trench work from the Division of Industrial Safety, State of California (see Section X, "GUARDING UNDERGROUND CONSTRUCTION "). • SP5of5 2. Rider for California Department of Transportation Encroachment Permit. Contractor shall remit permit and inspection fees (approximately $350) to the Department of Transportation. The City has obtained a California Department of Transportation Encroachment Permit (attached hereto). X. GUARDING UNDERGROUND CONSTRUCTION The Contractor shall obtain a permit to perform excavation or trench work from the Division of Industrial Safety (DIS), State of California, prior to any con- struction. The Contractor shall also provide submittals to the Engineer in accordance with Sections 7 -10.4 and 2 -5.3 of the Standard Specifications. All costs incurred to obtain the DIS permit and to comply with the provisions of such permit shall be included in lump sum prices bid for guarding underground construction, Bid Item No. 2. Excavations and trenches that extend below an imaginary plane inclined at 45 degrees below the edge of nearby adjacent existing structures, such as founda- tions or other facilties, shall be properly shored to maintain positive ground support. Excavations and trenches in improved streets shall be properly shored to maintain positive ground support. The Contractor shall provide, install and maintain a temporary 6 -foot chain link fence around the jacking pits during the jacking of the water main under Pacific Coast Highway. XI. PAVEMENT STRIPING The Contractor shall repaint to CalTrans standards any traffic markings damaged by the Contractor's operations within State right of way. OEPARTNENT CK TRANS ArAT10N I�TMW • • ENCROACHMENT PERMIT In compliance with your application of _ Dec. S, tg 83 received on tg Environmental document information has been reviewed and considered prior to approval of this permit 0 No ar Yes In addition to any set tees the permittee will be billed for any field work by Caltrans forces and Review: 313 No 0 Yes Inspection IR Noo Yea No project work shall be commenced until-all other net egaary permits and environmental clearances have been obtained. City of Newport Beach 3',,00 Newport Blvd. =,edrort Beach, CA 0;2663 . PERMIT NO. 782-NUT-5125 i DIST. CO. RTE. P,M. FEE PAID sexempt DEPOSIT s BOW AMOUNT February 8 1984 PERMITTEE: subject to the General Provisions and the following, PERMISSION IS HEREBY GRANTED to: abandon?ncnt of 6 inch A.C.P. water main and jack steel casino to carry 16 incr. A.C.P. water main within State right of way across Paci"'.'i^ Coast Highway at Poinsettia Ave. in the City o" Newport Beac %I, o7 -ORA -G 15.4'7, all in accord- ance with current State Specifications, the attached Special Provisions and permit plans dated February 6, The steel casing inside diameter shall be a r.:inin.I3m of ": inches greater than the .Treatest outside diameter of the installed ripe. (Con6A5ifed on Page Permittee shall notif y p ermit inspector by calling T — ^r. D. Fairbanks (7'A) 639 –t,,, tween 0700 and 0900 a minimum of three working days prior to the initial start of work and one working day prior to closing traffic lanes. Permittee shall arrange a pre- construction meeting with their contractors and the permit inspector to insure a complete understanding of the work and the permit requirements. "BY ACCEPTANCE OF THIS PERMIT, THE PERMITTEE UNDERSTANDS AND AGREES TO REIMBURSE THE STATE FOR ANY AND ALL COSTS.INCURRED FOR HAVING CORRECTIVE WORK PERFORMED BY STATE FORCES OR UNDER CONTRACT IN THE EVENT THAT THE PERMITTEE, HIS CONTRACTOR OR SUBCONTRACTOR FAILS TO INSTALL, REPLACE, REPAIR, RESTORE OR REMOVE FACILITIES TO STATE SPECIFICATIONS FOR THE IMMEDIATE SAFE OPERATION OF THE HIGHWAY AND SATISFACTORY COMPLETION OF ALL PERMIT WORK. IT IS UNDERSTOOD THAT THE ABOVE CHARGES ARE IN ADDITION TO ANY PERMIT FEES AND THAT THE PERMITTEE WILL BE BILLED FOR SAID CHARGES AFTER SATISFACTORY COMPLETION OF ALL PERMIT WORK.. Permittee, his agents or contractors are bound by and shall comply with all provisions of this permit and the instructions of the State representative while performing any work authorized by this permit. The following attachments are also included as part of, this permit. a) Utility Maintenance Provisions: ❑ No M Yes b) Special Provisions: ❑ No -P Yes A, C, E IT, �, Olympic Provision c) Cal -Osha permit required prior to beginning work: ❑ No >p Yes' es p This permit is void unlesstheworkiscompietedbefore Oct. 31 tg 84 This permit is to be strictly construed and no other work other than specifically mentioned Is hereby authorized. WORK SHALL BE SUSPENDED IF PERMIT COPY IS NOT AT JOB SITE. L3 Ht.B. Fairbanks(Insp Motoda(in "o.) PS /dn o 6 City of Newport Beach -Page 2- 07 -0RA -001 *15.47 3300 Newport Blvd. 782 -NUT -5123 Newport Beach, CA 92663 Feb. ,8, The jacking pit shall be enclosed with a 6 foot fence during the non- working hours. No lane closures are authorized on Pacific Coast Highway. Existing traffic stripe and pavement markings damaged or obliterated .by reason of work on this permit shall be replaced at no cost to the State. A Cal -Osha Excavation Permit a-d a Osba Tunnel Classification Permit is re- quired and a copy of each must be presented to the State Permit Inspector before work is started. If the work authorized by this permit is to be performed by contractors forces for a Public Agency, the Permittee's contractor shall furnish the State with a signed application requesting a separate Caltrans permit au- thorizing the contractor to perform the work within the State Highway right of way for the Permittee. The Permittee's contractor will be required to reimburse the State for the cost incurred for engineering inspection of the work within the State right of way and all other permit related field work performed by Caltrans Maintenance - Forces. The Permittee's contractor is re- quired to have the signed original permit with all Special Provisions and plans stamped CALTRANS PERMIT PLANS dated February 6, +984 at the job -site at all times while work is being conducted. A minimum of two days prior to the start of any excavation authorized by this permit, Permittee shall notify UNDERGROUND SERVICE ALERT at 1-800 - 422_ -4133. O 0 DFPARTMEV; OF T"J;SPI.d ,%FiOtJ '�dttraitb, UTILITY MAINTEHANCC PROVISIONS 10 BNCROACAO f PERMIT DM-M -P -228 (Rev. 12180) Any public utility or public corporation who lawfully maintains a utility encroachment may. perform routine or emergency maintenance on such facility in accordance with the following provisions (unless updated at some future time, theare the future provisions shall govern): A. ltelwionet These provisions do not authorize tree trimming or routine maintenance work on freeways (expressways), for which a special permit is required. 8. iseroaehment Permit For Maintenances The maintenance work must be in conformance with an encroachment permit (individual or annual blanket). The permit or a copy thereof shall be kept at the site of the work and must be shown to any representative of Caltrans or any law enforcement officer on demand. WORK SHALL BE SUSPENDED If PERMIT IS NOT AT JOB SITE AS PROVIDED. C. Nodes Required: (1) Routine maintenance and inspection -- Before proceeding, the Permittee shall notify the highway maintenance superintendent in whose territory the work is to be done. (2) Emergencies -- The superintendent shall be notified as soon as possible. In addition, and except as otherwise provided herein, the Permtttee shall immediately address a confirming letter to the District Permit Engineer. A permit shall be issued for the emergency work on a freeway or if not covered by a maintenance permit. D. iiemdard of Works All work performed within the highway shall conforu to recognized standards of utility construction and Caltrans . =rent Standard Specifications. 6.' ftor6eacy Repairer The Permittee may make emergency repairs by excavating through improved surfaces, only witea breaks in the ooncuit, cable, or pipeline under the pavement present a definite hazard to traffic or serious interruption of essential service. In such cases the highway maintenance superintendent shall be notified immediately+. Backfill and pavement replacement shall be performed in accordance with tite applicable General Provisions (i.e.. "Making Repairs," "Backfilling "). F. Open LUCaWtionst No excavation shall be left open after daylight ltouru, unless specifically authorized and adequate protection for traffic is provided in accordance with the General Provision "Protection of Traffic." G. Rsrrlea Quanctlomss These provisions do not authorize installation of conduit, cable, gas, or water service connections within State hiui,way right of way, regardless of the lucation of the main, existing cuttdait or cable. All new underground or pipe serviceu, ":on'Lit, cable or main extensions, or excavations to aaauioned survices wust be covered by individual permits. See Section H(a) regarding G6.v4ae connecrf�na for wires. 0 Y. 30"180 Inepeetlom and htainteneace: (1) Routine maintenance and Inspection on the roadbed shall be conducted between 9:00 a.m. and 3:00 p.m. or a• otherwise autborized in writing by the Caltrans representative. (2) hlasholes — The Pereittee may open existing manholes to repair underground cables. Where the manhole lies within the improved surface of the highway, the Pernittee will provide adequate erotoction for traffic !o accordance with the Ceneral provisions Protection of Traffic.' (7) Rseaystlone for routine inspection and repair of pipeline and cables shall: a) not be made in improved surfaces, landscaped areas or closer than 10• to the edge of the paveeast without a special permit; and b) not uncover more then fifty (50) feet of line at any one time. (4) Pole Lines -- Permittee is authorized to: a) Stub, or Y -c--t existing pole, provided no change in location of pole or an_uor is made. Stubs and anchors must not be placed between existing pole and traveled way. b) Replace poles, guy poles, and crosearms in exact location limited to two consecutive poles. No additional poles or guy poles are authorized under this routine maintenance provision. C) Replace broken piss and inaulators, repair broken wires, pull slack wires, and replace or pull broken or slack guys. d) Repair and complete transfer work on existing aerial cables. e) Install new and replace existing transformers as existing poles. f) String aerial wire and place additional crosearms on existing poles except where wire crosses the highway. Unless otherwise specifically required by Caltrans, protected cable, tree wire or plastic tree wire guard used for telephone lines may be used ' through trees where necessary, provided the appearance of the tree or the tree itself will not be damaged. This section (f) does not apply to adopted scenic highways. g) String service drop wires from facilities existing within the highway right of way except where wire crosses the highway. Service wires over highways are subject to Public Utilities Commission regulations and must cross as near right angles as practicable. h) Note - p separate permit shall be obtained for each Lnetalla- tion or replacement of wire, drop wire, cable, or other encroachment which crosses the highway or which encroaches upon the highway right of way whether or not attached to or in contact with existing facilities within the right of way. L) Clear grass from around base of poles and excavate around poles for 4napection, including tamping and straightening. q Ib enN[M r W n1ANWn IrAr M Iri TR%el • rr'AI ObNERAL F 40VISIONS TO LNCROACHMUIT PERMT cum pane uovs all l- Anthottty. ibis permit is Issued In accordance with Chapter 3 of DM- slon 1. commencing with Section 664 of the Streets and Highways Code 2. Rae sidoca Except an othenvue provided for public corporations. franchise holden and uttlllick encroachment permits ate m%m-.Ible on five days' notice Thee General provlWna, Utility Maintenance Wovlsiota. and thin Encroachment permit issued hereunder are mew cable or subject to modification or abrogation at any tone without pre} udlcs however. to prior rights In- cluding than evidenced by joint use agreements franchise rights or re- served not for operating purposes In a grant of highway easemettt- 3. Permits for Record Ode If oocu- paLlon of highway right of way is under joint use agreement or under prior easement encroachment Permits will be Issued to the permittee for the purpose of providing Caltrans with notice and a record of work and for the terma and conditions relating to public safety. No new or different rights or obligations are Intended w be created by the permit in such cases and all such prior rights shell be fully protected. Encroachment Permits Issued In such erases shall have designated any the face thereof 'Notice and Record Ruposm Only.. (District Office of Right of Way must give approval for this dotgtancrilt 4. Responsible Party: No party other t!an the tamed permittee or contractor of the permitter Is authortted to work under this penall 5. Acceptance of Provisions It Is under- stood and agreed by the permittee that the doing of any work under (hi; permit sieall constitute an accep- (anct of the provisions of this permit and ail attacliment 6. No Precedent Pests 'Imbed: -Dos per - ritt Is issued with the u.mderstanding that any panivlar action is not to be considered as establishing any precedent t I I on :he question of the expediency of permitting any certain kind of encr)achment to be erected within right of way of state highways, or 12� as to any utility, of the accept- ability of any such permits as to any other or fame situation 7. Notice Prior to Starting Wort Before starting work under the Encroach - men( Permit the perminec shall notify Elie District Uuector or other desig- nated empioyee three working days prior to Initial start of work When wnrk fns been interrupted an ad ditioutl 24-how notiligtion is m quaed before restarting work Unless otherwise specified all work shall be performed at weekdays and during normal working houts of the Grantor's Inspector. & Reep Parma an thm Wort The En- e achment Permit or a copy thereof shall be kept at the site of the work . and must be slrwn to any reprtxen- taNe of Calnane car tiny law enfant ment officer or demand WORK SHALL BE SUSPENDED IF PERM? IS NOT AT JOB SITE NS PROVmED. 9. Permit If a prior en- croachment conflicts with the proposed work the new permittee must arts a for any necessary re- moval or r:locatlon with the prior permittee. Any such removal or m location a 'I be at no expense to the State 10L Permits Prom Other Agencks: The party or parties to whom a permit is Issued shall whenever the same is required by law, secure the written order or consent to any work under a permit from the Public Utilities Commission of the State of California Cal-O6HA or any other public agency having jurisdiction and any permit shall not be valid until such older w consent is obtained l 1. Protectles of Traffic Adequate pia visions shall be made fa the pmtec- tion of the traveling public The wam- Ing signs lights and other safety de- vkes and other measures required for the public safety, shall conform to the requirements of the Manual of Traffic Controls or any sign manual hued or to be Issued by Caltrans and/or the current Caltrans Standard Spec - Iicatlon% Traffic control for day or nighttime lane closureswill be In con - formantt with Caltrans standard plans for Traffic Control System Noth- Ing in the permit Is Intended as to third parties, to Impose on permittee any duty, or standard of cue greater than or different than the duty or standard of tare Imposed by law. 12. Mlalmom Interference With Trame: All work shall be planned and caroled out so that there wid be the least possible Inconvenience to the travel - Ing public. Pentrinee is authorized to place properly attired- fiatmen to stop and warn conventional highway traffic for necessary protection to public safety, but traffic shall not be un- reasonably delayed. Flagging proce- dures shall be In conformance with the Instructions to daggers pamphlet and /or Manual of Traffic Controls Issued by Calton 13. Storage afMaterials: No construction material shall be stored, nor equip ment parked within ten (1 01 feet from the edge of pavement w traveled way, utilities are suDJect to the prowbions \J of Section 22512 of the Vehicle Code- 14. Clean Up R(gd of Ws.' Upon com- pletion of the work all t -melt timber. scraps maiterlN, ele_ stall be entirety removed and the rtgl : of way shall be kft In as preseniable a condttlon as eidsled befog work altuted. Its Rttmdatds of OoastaaWoos All work 'performed within the highway shall conform to reoV ized standards of construction and the current Caltrans Standard Specifications and any special provisions retatw.,;Iette. 16. ImspedbnandApprovaiby All work shall be subject m Inspection and approval by Caltrans. The per - mince shall notify Caltrans when the work has been completed 17. Actual Cost BMh* When the per - mittee Is to be billed actual costs (as Indicated on the face of the permu)- such Hats wilt inchAe salaries. travel - Ing expenses. Incidental expenses, and overhead. I& Parma Moving of Imrtallatba al Installations Requested by Per - mltttee ff the Encroachment Permit was fitted at request of the permutes It Is understood that whenever con- struction. reconstruction or main - tenance work on the highway may requkn the Installation shall upon request of the Department be tmme- dlately moved by and at the sole m- Pease of the permittee, except as otherwise provided by law, or by any applicable permit provisions b) Utility Moves Ordered by Cab trarm If the installation made under a permit is being relocated In accor- dance with Caltrans "Notice to Re- locate Utility nclllty: the permittee shall have the same and no, greater rights as relocated as it enjoyed prior to moving at Caltrans order. c) Utility in F7eetoay. This section and Lhe othersections of these General Provisions are subject to Article 25 of Chapter 3 of Division t of the Streets and Highways Code and other applicable law. and In thr lust- of:mv Inconsistency, the sald Article 2.5 or other applicable law stall control the removal from or relnretion of utility facilities In freeway-. . di Future Mooing of Irtstaitultort It is understood by the permitter that whenever COnslnaliOn recon- struction or maintenance work on the highway may require. the installation provided for herein shalt upon request of Caltrans be moved by the Pernit- tee, the cost of the move to be borne by the party legally responsible therefor. 19. RespoasmOky for Damage: The State of California and all officers and em- ployees thereof. Including but not llnmed to the Director of Transport tation and the Chlef Engineer. shall not be answerable or accountable In any manner for Injury to or death of any person. Including but not limited to the pennuur persons employed by the permitter persons acting in behalf of the permlttc or fordamage to property from any cause which might have been prevented by the permittee. those persons employed by the pennittee. or persons acting In behalf of the permittee. The permutes shall be responsible for any liability Imposed by law' and for Injuries to or death of any person including but not limited to the permittee. persons employed by the permittee persons acting In behalf of the permittee, or damage to property arising out of work permitted and done by the pennittee under a permit or arising out of the failure on the permlt- tee's par to perform his obligations under any permit in respect to maintenance or any other obligation, or resulting from defects or obstrue tlons, or from any muse whatsoever during the progress of the work or at any subsequent time work is being performed under the obligations pro vlded by and contemplated by the pemdt The permittee shall tndemnUy and save tarrnlrss the State of Caltior- nia and all officers and employees thereof including but not limited to the Director of Transportation and the Chief Engineer. from all claims suits or actions of every name kind and description brough for or on account of Injuries to or deirth of any person. inat• ding but not limited to the permtree, persons employed by the permittee. persons acting in behalf of the per. mitcee and the public or damage In prapeir, resulting from the per - rormarwe of work under the permit. or arising out of the failure on the pennittee's part to perform his obllg:,;lons under any permit In respect to maintenance or any other obligations. or resulting fmm de. fects or obstructions. or from any cauS whatsoever during the prog reps of the work or at any subse. quent time work is being performed undt, the ,)h;igancr,s provided by ar,d n.nremplated by the permit. except as otherwise provided by statute The dolt' of the pe1111RAM to indemnify and saw harmless in. cludes the duties ro defend as set forth in Section 2778 of the Civil Code The permrtlm walves any and all rights to any type of express or U-phed Inacmnity against the Stat, . its officers or employees. It is the Intent of the parties that the permntee will Indemnify and hold harmless the State Its officers and employees from arty and all eJalrna suits w actions as set forth above regardless of the existence or degree of fault or neftence. whether active or paieiwe prtnany or secondary. on the part of the State- the permittee. persons employed by the permittee or per- sons acting In behalf of the permittee 20. Bonding: This permit shall not be effective for any purpose unless and until the permlttee Ries with the Grantor. a surety bond In the fortes and amount required by said Grantee A bond is rot ordinarily required of any public corporation or publicly or privately owned uR11- ty. but will be required of arty utility that falls to meet any obligation arising out of the work permitted or done under an Encroachment Permit or falls to maintain Its plant work or facilities - 21. Hating Repairs: In every case the permittee shall be responsible for restoring to Its former condition as nearly as may be possible any por- tion of the highway which has been excavated or otherwise disturbed by permitter except where Caltrans elects to make repairs to paving and except where provision to the con- trary Is made In the written portion of any permit The permittee shall maintain the surface over facilities placed under any permit for a period of one (1) year after completion of work under the permit If the high- way is not restored w herein provided for, or U Caltrans elects to make repairs permittee agrees by acceptance of permit to bear the cost thereof. 22. Care of Drainage: If the work con- templated In any Encroachment Permit shall Interfere with the established drainage, ample provi- slon shall be made by the permittee to provide for it as may be directed by Caltrans. 23. Submit Plan For Installation of all underground fatalities, and all sur- face work or consequence, the pernitlee shall furnish a plan show- ing location and construction details with its application. Upon completion of the work as-bullt plans of sufficient accuracy shall be submitted to the District to deter mine location of the facility. 24. Maintenance: The permittee agrees, by acceptance of a permit to main. tall) property any encroachment placed by It in the h4prway and In Inspecting for and preventing ?ray mPuY to any portion of the highway from the encroacbe. nt 25. goat of Wori< Unless otherwise stated on the permit or separate writ ten agreement. all costs Incurred for work within the State right of way pursuant to this Encroachment Per- mit stall be borne by the permittee. and pvmltteeherebywalvesa8clib s for itdemnificaUon or contribution from the State for such work 2fi Federal Cbrn Rights Requirements Fee Public Accommodation: W The pe n ittee, for himself, his personal mpresentatrvcs successors in Inter- est. and assigns. as part of the mnsWetaWn hereof, doe hereby covenant and agree that (1) no pawn on the ground of race, color . or national origin shall be excluded from participation im be denied the benefits oL or be otherwise sub- jetted to discrimination In the use of said facilities. (2) that In connec- tion with the construction of any Improvements on, said lands and the furnlshing of service thereon. no discrimination shall be prac- ticed In the selection of employees and contractors. by contractors in the selection and retention of first - tier subcontractors In the selection of second -tier suboontractom (3) that such discrimination shall not be practiced against the public In their access to and use of the fa- cilities and services provided for public accommodations (such as eating, sleeping, rail. recrealdom and vehicle servlcln® constructed or operated on. over. or under the space of the right of way. and (4) that the permittee shall use the premises In compliance with all other re qulrements imposed pursuant to Title 15. Code of Federal Regula lions Commerce and Foreign Trade. subtitle A. Office of the Secretary of Commerce. Part 8 115 C.FR Pan 81. and as said Regulations may be amended. IM That In the event of breath of any of the above nondiscrimination covenants. the State shall have the right to terminate the permit and to reenter and repossess said land and the facilities thereon. and hold the same as If said permit had never been made or Issued. 27. Archaeological The Ircmittee shall tease work In the vicinity of anv archaeological resources that are revraied. The Permit Engineer +hall be noellid Immediately. A (piallilml areharotng1w. mulneel by lit prarllltem, will a awlie the sllu.nlnn and uukc nronimendatlons to the Itnnll Engineer concemnng the continuation of the work ;Deipartment of TvanaportatiWltr must . ..SPECIAL Pto9is1011 "A" (Attached to 411. Permits - 2-82) . I. Parsi:tse shall notify the Patmit inspector between 0700 and 0900 two weak!" we" d prgN to starting any work authorised by this permit. Su the rata of the permit for tsmpmstap *g telephone number. 2. Permittse shall arrange for a pre - construction meeting at the. fob site with the Neftt Zmmp"%- or and all other interested persons two (2) working days prior to starting works to dl*wp the peewit requirements. 3. Ia the event that all or a portion if this work is within the working area of a Stag b6g%&* construction project, no work shall be started until all arrangements have beam am" W66 as State Contractor and Zesident Engineer to avoid any and all coafliat or delay to tie 844" Contractor. 6. Uslaaa otherwise authorized by the Permit Inspector, all work within State right of MW shall be in accordance with the current CaltPons standards specifications W starched glUy The Uniform building Codes may be used as the minimum epeciflaatioss wale*@ a one otmgggmg specification is requited by the local agoncyt possit or Farah Inspestor. Improvements shall be constructed at the location shown on the Petmlttee's spptN d Slay W they do not conflict with State requirements. S. Should there be any discrepancy between the tens of this permit and the plans otta" hereto, the terms of the permit will prevail. 6. ALL lnspection costs incurred incidental- to this work shall be bursa by the FemmtgMOe 7. All work shall be perfotuad during the working hours regularly ".site" to 04WU K sf Transportation employees unless otherwise authorised in writing. ' S. All costs incurred for work within State eight of way pursuant to this tneroaabsaat ptog shall be barns by the Parmittee, " Patmittas hereby waives all claims for Jndggglflaag M or contribution from the State for such work. 9. Upon completion of work, Parmittee shall clean the highway. and the work aeon skstl bo loft M a neat and presentable condition and to the btlafatttoa of the Permit Isspetteq. 10. A ■inimme walkway and /or bike path width of 30 inches asst be maintained at all gfmn far info ' passage through the work area. 'I1. Any work authorisad by this permit which requires traffic diversion 4md /or traffte :mMappeft, including sidewalks cad bike paths, shall be approved by the Permit Iasyeet@m. Sea as rap so the permit for inspector's telephone auabsr. 12. Unless othervlso authorised by the Permit Inspector, the normal traffic control shall be Limited to the hours of 0900 - 1500 and open for use by public traffic on Saterdaye. Sosdayoe designated legal holidays and altar 5:00 P-1. on Fridays and the day prece6lag deelgmated Legal holidays, and when construction operations are not actively is prove*& so wstkfq 4gse t3. Designated legal holidays are: January let, and third Monday in Februarys the last Monday i• May, July Ach, the first Monday In September, Sovember 11th, Thanksgiving Day. wed boom" 25th. Aen a designated '.*gal holiday falls on a Sunday, the fallowing Monday shall be a . designated legal holiday. When Sowember Llth falls on a Saturday, the preceding Friday shall be a designated legal holiday. .4. The Permictaa shat' provide adequate prouctioa of traffic in accordance with *a current ::aldic control requirements of the Department of Transportation (Caltraos), the Standard 394c:fica :tons Section 7.1.08 (Public Convenience) , Sactida 7-6,49 (Public Safety) tad Section 12, (Construction Area Tra -'die Control Devices), and special prowtste" of tie perm:. 7hs condition and loca :ion of other traffic control devices shall be approved by the Permit :aspec -or and installed end maintained by as Pormi : :as in aaa"rdaege wlik Its psemi:. A.L :ones shall be 28 inch minimum height. Portable dallnsators used is lieu of cones shall be pieced at one half the spaoims for ommaa. Ail advance varning aigns shall be equipped with flags for daptlaa vJ"W%&. AL' advance warning signs shat' b4 ib inch x AS Lach minimum for appvoadh speeds of b! ON or Sara on two :an* highways wt u' .reverstbla control and far approach speode @r"r 30 M N multiple :an* di ectiuinai ha:f roadway and Lame closures. At all ocher speed" all wammLy signs MAU be 36 Loch by 36 inch autimum except that "load 'look Ahoadw (U) shall be 38 Z Laeh by 30 Inch minimum. Department of Transporutl.&al tr ens) �. SPECLL PROVISION "A" (Attach to all Permits - 2-82) . tags 2 14, continued During the hours of darkness all necessary cones used for lane delineation shall be illuminated or reflector'-zed for approach speeds through 50 MPH. All flagpersons shall be trained and their sole duty will be to control traffic. :hey shall wear white hard hats, orange vests or jackets, and have an approved slow/stay paddle. They shall be intervisible or be in communication via 2 -ray radio. During the hours of darkness the vest or jacket shall be reflectorized, flagman stations shall be illuminated such that the flagman will be clearly visible to approaching traffic avid all necessary cones used for lane delineation shall be illuminated or reflectorized for approach speeds through 50 MM. 15. The signs used for traffic control shall either be covered, rssgved from the right of way, or turned to face aver from traffic When not actually in use. 16. ALI lane cioeures on-multilane highways shall be made using an approved flashing arrow sign, If available. After January 1, 1982 the State inspector shell close dawn any project fond to have such a Lana closure without' the required flashing arrow itgns.. 17. The 2trmittee shall notify the Division of Highways Signal Laboratory at 213 -620 -2030, at least 72 hours in advance of any excavation within 500' of the signalized intersection or in the vicinity of State lighting facilities. The Permittee and /or his contractor aaeuma the responsibility for the payment of all costs incurred by the State in repairing facilities damaged during construction. Requests for relocation of facilities for the contractor's convenience must be made in writing with the contractor assuming coats. i 18. Existing utilities shall be protected from damage by the Permittea. 19. Existing highway facilities damaged by reason of the Permittee's operations shall be repaired by the Permittae at his expense. 20. Permittas shall be responsible for notifying his contractor and all sub- contractoes of the I provisions of this permit. 8o work will be started until a copy of this permit is {ivem W the contractor and each of his sub - contractors. 21. The Permittee and /or the contractor shall submit a copy of all required CalOsha permits to the Permit Inspector prior to starting work. 22. This permit shall be kept at the site of the work and must be shown to any representative of the grantor or law enforcement officer on demand. Failure to comply may require stoppage of all work within State right of way for a minimrm of the remainder of the working day. V. Ali lane and'pavment markings shall be removed by sandblasting or air blasting. 24. Placement of pavement and lane markings shall be done by the Permittee under the direct supervision of the State representative in the field. 25. A survey "at no cost to the State" of the Permittea's property may be required to verify compliance to approved plans. 26.. Should work take place between October 15 and April 15, Permutes shall obtain a long - range clear weather forecast before breaking into a main line storm drain. Construction of facilities connecting to the main line will be permitted only during a clear weather forcast that is acceptable to the Caltrans representative. Once operations under this permit are initiated, the work shall be conducted in a coetlnuous manner until completed. 27. Abandoned conneetor pipes shall be sealed at both ends with 8 -inch brick and mortar or six inches of concrete. 'When facilities are allowed to be abandoned in place, backfilling with sand, or other measures, may be required to protect the highway. This is mandatory for Metal pipes 12" in diameter or larger and all other pipes 24" to diameter or larger. 28. All inlat openings shalt be provided with protection bars spaced to provide an opening that does not exceed six Lnches. 29. Permittee shall not use Caltrans property for the temporary or permanent storage of excavated materials, rock, sand, cement or other material or any equipment, except as specifically acted. 13. Department ra::ap:.!a -Jac ('aitrane) ST R SPPrL 'Co - (BICAYATlus OSAC[PIU) 1 -82 I 'this Special Provision sheet °C• and its attachments are to be used as a minimum specification for excavating and baekfilling within State right of way. II =rcavation C*oaeing Roadway: 1. Pipes shall normally be jacked or otherwise forced andermeatb pavement without disturbing same. Pavement or roadway shall met be cut unless apecifically allowed by the permit. Service pippee■ tall not be permitted inside of culverts used Y drainage straotmlam. 2. Hxcept for minimum dimension cut at tie -in to main, ma open excavation shall be made within 5' of the improved sboalder ur between the curb lines. 3. Contractor shall comply with all State and local safety sod" relative to safety measures for protection of workman in trasebee and excavations. (State of California Administrative Coda, 'Title S) 4. All excavation shall be shored and /or tight. abeeted In accordance with CAL OSHA requirements. 3. York shall not be permitted in confined spaces until all possible , hasasdous gases and vapors have been purged. Workmen shall be equip- ' pod with adequate blowers, safety harnesses, hard hats, ropes, la"We i and nay other equipment necessary. When working in confined spaces, ; CAL OSHA requirements shall be adhered to. 6. Services connections must be installed at an angle of 90 degrees from the center line of the State highway which the main tr 4VM. 7. When the permit authorizes Installation by the open -oat method not more than one lane of the highway pavement shall be opus -cat at any one time. Any exceptions shall be in writing by the State representative. After the pipe is placed in the *pan sections tba trepch is to be backfilled in accordance with specifications, taw porary repairs made to the surfacing and that portion opened to traffic before the pavement is cut for the next meetloa. S. Hazardous pipeline potholing clause (petroleum distilates, Pe, electricity, chlorine, etc.): The Permittee shall furnish Caltrans with the results of this eaylor- ation, having the location and grade shown to the nearest one -tenth foot tied to State's datuti and certified by a licensed surveyor or professional engineer (civil ") 9. P.C.C. pavement shall be scored to a amines depth of If isabse by means of a concrete saw to provide a nest and straight pavement break along both aides of trench; also, provide an unfraatared peve- sent joint and rigid bonding of pavement replacement pstoh. 10. A. C. pavement abs11 be scored as required above for P.0.0# pavement except where in the opinion of the State Inspector the Savant has been cut neat and straight along both aides of trend! to provide an anfractured and level pavement loam for banding ezlatlag pavement and replacement patch. U. Where the edge of the trench is within 2 foot of existing oerb and gutter, the asphalt concrete pavement between the tr@Wk and the curb shall be removed and replaced. 12. A ainla*s sidewalk and bikepath of 30 inches mast be malstataed at all tinge for safe Passage tbra the work area. 13. A minimum lateral clearance of 5' *hall be provided between tae adp of excavation and adjacent traffic lanes. A adal— latanl clearance of 2' shall be provided between the edge of s*rfeae ob- stractloa and the adjacent traffic Ion*. Where 5' of aleatoce la sot provided, the excavation shall be abored and tlgbt sheeted. Is '� _ no sang shall the clea. -ante be lose them 2'. .2- f! asDt of Ironapot4tion (Caltra.ns) WIA1 PITTISIC1S •C° - (SICATA2102 An UCIPILL) 1 -82 II Rzowation Crossing Roadway (continued) U. Darts of open -out trenches shall be kept as nearly vertical Y Possible. Trenches stall not be sore than 24' wider than the ont- aide diameter of the pipe to be laid therein, plus the necessary Width to saconodate sheeting. 15. 111 open trenches within the traveled way shall be backfilled, compacted and temporary repairs mode to the surfacing before lsatift the Job Site at the end of the working day. 16. Tight sheeting and properly placed and maintained steel plate• MW be substituted for backfilling as authorised by the Permit Inspector. 17. If no spoil bank is placed between the open excavation and the traveled way, all open trench shall be backfilled and compacted Pelor to leaving the job alts at the and of the working day. 28. The trench shall not be excavated more than 300' in advance of yips lWlA9 and shall not be left open more than 200' in the rear tbWoof. Resurfacing of any sivan portion of the trench shall be ocayleted within one week following laying of pipe in that section. 19. 111 vegetation shall be removed from the area of the trench before commencing with the excavation operations. 20. /o tree roots over 2' in diameter shall be cut. The roots Over 26 in diameter shall be carefully tunneled under and wrapped In burlap and kept moist until the trench has been backfilled. Trsmbiag machines shall not be used under the trees if the trunk be or 21mbs damag ad by their use. 21. If the tress involved are close together or of such also that It is impractical to protect all roots over 2 inches in diameter or further that cutting of roots under 2 inches in diameter may Permanently damage the trees, special arrangements shall be made by the Permittee to prune the tree tops in order to balance root loss. This work shall be performed wader the close supervision of the State Tres Maintenance Supervisor. 22. go manhole shall b3 constructed within 20' of any parkway tree. 23. lmmporary pavement1patches shell be placed and maintained in a smooth riding plane Tree of humps or depressions. Iii Dmakfill 1. Structural backfill within the existing or proposed roadbed area ebnll be posyaoted in horisonial layers not exceeding 8e in thick- 20" W4 approved hand, pneumatic or mechanical type tampers to obtain a relative compaction• of 95 percent uoing California ?eat Moth" 216P. Structural backfill outside of slope lines and sot bsnesth the roadbed shall be compacted to a relative oompectioa of 9011. backfill material shall have a *Sand Equivalent' value of not Is" than 20 as determined by the California ?eat Method 2177, if the sxsavation falls within the existing or proposed roadbed. 0on- solldatim by ponding and jetting will be permitted when, as deter- mined by the inspector, the backfill nata:•isl 1s of such character that it Will be self- draining when compacted, and the foundation materials will not be softened or be otherwise damaged by the syphon water and so damage from hydrostatic pressure will result. FonA lama Pen" and lettias.is permitted, material ror use u asrmasesm bmOtiill shall be placed and compacted in layers not exceeding ♦' In tiisbaew. Pending and Jetting methods shall be supplemented by WW Eft of vibratory or other compaction equipment when necesSarY to IS obtain the required compaction. 0 -3- 0 DOyartsent of Tranep.;. :a 1�A ('a'_trane) jlliDdgD SMIA1 PRQIVI iG➢I� •C• - (KIC /V /2Io! AND HtCDILL) 1 -82 III laottill 2. Back ill matarlal may consist of sand -cement slurry Using 2 sacks of cement per cubic yard of sand and rater with 7% of calolas chloride as determined and authorised by the Permit Inspector. 3. Vhere it is necessary to tunnel under existing aarb and gattMs sidewalk, or underground facilities, the void shall be baokflllN with 2 sack Band - cement alum. d. By acopting this permit, the Peruittes agrees to M 1111 lOb- oratory costs in connection with the necessary tests which mp be required by the Department of transportation engineer to dmteraiae the send equivalent value of the backfill material or the trench bSOkfill compaction. It is further understood that the fregUenoF of each teats shall be a minimum of one test per mast® of 1504 of continuous trench at elevations of not less than every 2' Of bmakfill depth. 5. Prior to starting the trench backfill, the Peraittes shall mats the necessary arrangements with materials testing laboratory to conduct these tests with certification from a professional enginear (civil). IT Pavement Repalre 1. Repairs to P.C.C. pavement &ball be made within 5 working dqs of Completion of backfill and shall be made of Portland Cement Concrete containing a mi-nimum of 7 sacks of cement per cubic yard. Replacement of Y.C.C. pavement shall equal existing pavement thlak- noes. the concrete ahsll be satisfactorily cured and protected five disturbance for not less than 48 hours. High early Moment may be required at the discretion of the Permit epeator. 2. Concrete sidewalks or curbs shall be out to the nearest score marks and replaced equal 1n dimensions to that rameved with score marks matching existing adjacent sidewalk or curb. 3. Repairs to A.G. paveaeuts shall �a made within 5 working " of completion of back-f 111 and still be Made • - th asphaltic oOnorete meeting State specifications, with every effort made to match the existing pavement as to color and surface texture. 4. Replacement of t!,e roadway structural section (pavement, bass* subbase, etc.) shall be equal or better in all respects to the thickness and materials in the best portions of the existing straet- oral section. iil -imum thicknesses shall be 40 asphaltic Concrete on 81 class II aggrugata base. T RROQIRRD RaRMS Rxoept as hereinafter provided In paragraph 3 of thls subsootlons all underground luetailatione of pipes, cables, and conduit■ in a highway right of way shall be marked and deeignated as follower 1. All Now Installations of Onderground Crossovers, Rxcept gesvises Laterals: A timber or other suitable marker eha11 be installed and malatatmed by Permittee outside the ditch line at locations suitable to the District Director where no curbs exist, which marker shall extend 30 inches above the roadway surface and have st ®oiled thereen tae nature of the underground obetruction and the name or identifying symbol of the Parmittee. where curbs exist, the crossover Shall be identified by description and name of owners stenciled an aarb in black letters on white background in a compact and legible manner. Kv Deppanrrtment of Tranaportation (Caltrans) STINDARD SPICIII, PROVISIONS -C• - (EXCAVATION AND BICVILL) 1.82 T UQUINED euaxmac 2 2. All New Longitudinal Installations of Underground Pips, Conics or Conduits: Where no curbs exist, timber or other suitable markers shall be placed adjacent to the conduit or offset to such distance as my be specified end at intervals not in excess of 1,000 feet, at each angle point or i0 ehers nonconcentric with the highway improvement, at least every i feet. Where the encroachment is located in the traveled way, timber or other suitable markers shall be placed at man offset outside the ditch line at locations suitable to the District Director with an offset distance given. Where curbs exist, the information shall be stenciled on the curb near each intersection. 3. Markers should be placed so as not to interfere with vehicle recovery areas. 4. Exceptions: In counties and incorporated cities where the Psmittes has filed a map or maps with the County Surveyor, City Engineer, District Director of Coltrane showing the ownership and description of the under- ground facilitiep mentioned in subsections (1) and (2) above in accord- ance with ordlnanf�ee, other regulations or established practice, it will not be necessary to mark or designate said facilities as required above. TI CATHODIC PROTECTION Us Permittee shall perform stray current interference tests on under - ggeroouuaad utilities under cathodic protection. The Permittee shall notify Caltraaa prior to the testa and perform any necessary corrective measures recommended by Caltrans. VII HIGHWAY STRUCTURES She Pereittes will pay for any damage to highway structures caused by gas sins or other pipe lines carrying flammables. This includes, but is not limited to, explosion or fire resulting from each installations regard- less of causation. If repairs are not feasible, complete replacement of structure may be necessary. The Permittee will identify and hold the State harmless from any and all claims for injury to person or damage to property resulting from each installation. TIII LIMIT OP EXCAVATION - so excavation is to be made closer than 10 foot from the edge of the pavement except as may be specifically set forth by the permit. 11 TMOMLLING Except in effecting emergency repairs on utilities no tnmellimg will be permitted, except an major installations as may be specifically set forth by the permit I UNDERGROUND FACILITIES Shall be in accordance with Caltian's `Policy an high and low risk underground facilities within highway rights of way.* Unless otherwise authorized, pipes and conduits shall be Installed in a sooner to provide a minimum clearance of 42 inches between the top of pipe and surface. The attached Form 04 Rev. 4-61 is part of this permit. 17 i� e N N a a- �'ai5 =g fi c G a °A 3' $fs `- _ z B €_ i W J 88 s IL So i__ 8 Ra = E� s.L' v > EL X£ X LL W Y�_ q °R�i s €Y� p v sz a V. W 51 N Z. Z. °fix_ p.. Y 51 =gs A C C � C E g 'E y � c C E 'I N ^ 11 q I I II l g c I I N „ZI r>« Q �y ul an I I S ci I I o W I% _Z '111°1 it f> I I K 1 c � •.( I � i a o Q Z c 3 S I a y u g _ IN —§ a a i.BJ aJ t s � t5I€ � 1 mod � G + 11 I == Gi Iz rr .� V G lV R w 10 -Department of Transportion (Caltrana) STANDARD SPECIAL PROVISION "E" - (BORING AND /OR JACKING) 4/81 I This Special Provision Sheet "E" and its attachments are to be used as a minimum specification for crossing State right of way by boring and /or jacking methods. II BORING AND /OR JACKING 1. Unless otherwise authorized, pipes shall be jacked or otherwise forced underneath the pavement. The pavement shall not be out unless specifically authorized by the permit. A minimum of 42" of cover r""'shall be maintained at all times. 2. All pipes 6" in diameter or larger shall be placed within a steel casing. The installation of multiple pipes or ducts, re- gardless of diameters, will require installation in a steel casing. 3. The ends of the casing shall be plugged with P.C.C. or other suitable material approved by the Permit Inspector. 4. Jacking and receiving pits shall be adequately shored and fenced in accordance with State Industrial Safety Orders. 5. Sheeting for jacking and receiving pits location within 15 feet of traffic lanes on the State highway shall not extend more than 36 inches above the pavement grade unless otherwise permitted by the Permit Inspector. 6. When installation is to be made by boring or jacking under the traveled way, excavations on either side of the road shall be suffi- ciently distant from the edge of pavement to insure pavement sta- bility and minimum obstruction to traffic as determined by the State's representative. 7. when considered necessary by the State's representative, the Permittee shall at his expense, pressure grout the area between the pavement and the casing from within the casing and /or from the top of pavement in order to fill any voids caused by the work covered under this permit. 8. If in the opinion of the Permit Inspector, boring is not feasible due to boulder or other obstructions as evidenced by inspection of the bore pit, the open -cut method of installation may be authorized provided that the trench is open across only one traffic lane at any one time. The Permittee shall install the casing as required regardless of the construction method. 9. All boring operations shall be made without the use of water or air excepting that minimum amount of water supplied from a container mounted on operator's equipment may be used for bit lubrication, if authorized by the Permit Inspector. 10. The casing inside diameter shall be a minimum of 4 inches greater than the greatest outside diameter of the installed pipe. 19 -2- Department of Transportation (Caltrans) STANDARD SPECIAL, PROVISION "E" - (BORING AND /OR JACKING) 4/81 11. The installation of multiple casings shall be installed with a minimum of one diameter clearance between casings... 12. The casings placed within freeway right of way shall extend from right of way line to right of way line.. 13. The casings placed within conventional highways shall extend from back of curb to back of curb unless otherwise authorized. STEEL CASING THICKNESS Diameter Inside Thickness 12 " -28" 1/411 . 3011 - -3 811 3/8" 4011 - -6011 1/211 62 " - -7211 3/4" aO 0 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL WATER MAIN REPLACEMENT PROGRAM 1983 -84 CONTRACT N0. 2401 The undersigned declares that he has carefully examined the location of the the Instructions to Bidders, has examined the Plans and Special Provisions, proposes to furnish all materials and do all the work required to complete No. 2401 in accordance with the Plans and Special Provisions, and will take therefor the following unit price for the work, complete in place, to wit: PR 1.1 work, has read and hereby this Contract in full payment ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization, traffic control and permit and inspection fees @ I Dollars and r Cents $ 4O 0 O Lump Sum 2. Lump Sum Abandon existing water mains and valves @� bollars and �N Cents Lump Sum Lump Sum Guard underground construction @ Dollars and Cents Lump Sum 12 Remove existing and replace with new Each fire hydrant-- assembly @��Ek+��C%y� (Q�ti. Dol 1 ars and Cents Each 1500 $ 1000 1-700 $ z LL 0() • . PR 1.2 ITEM QUANTITY NO. AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 5. 18 Install 6" butterfly valve Each @ �� Dollars and "y1..,0 Cents $2.4,511;0 $ 6300 Each 6. 6 Install 8" butterfly valve Each @ �'�,.Q Dollars and `Y� 0 Cents $ SDO $ 3000 Each 7. 6,505 Install 6" water main with trench Linear Feet resurfacing @ j�ta. Dollars Cents $ Z/ $ lay z07 Per Linear Foot 8. 2,170 Install 8" water main with trench Linear Feet resurfacing Q @ Dollars and Cents $ 2-1 Per Linear Foot 9. 164 Install 16" water main with trench Linear Feet resurfacinggam _ Dollars 1 ,, and �.O Cents $ $ fPs�oO Per Linear Foot 10. 96 Ja steel c s &&Inst 1,1 V Vater main Linear Feet @ DollarsI and o YL O Cents $' $ Per Linear Foot 11. 1 Install 18" x 16" tapping sleeve and Each valve @ '� iM ^^,`^c+cw�s'�.uollars 4y< ��'r� `f(�- `1 -,fj(� ✓ and Y� D Cents $ Each TOTAL PRICE WRITTEN IN WORDS ./i i 'Lpo cagy th Contractor's License No. & Classification - (� I ) 72`1 — 3 I 1 Bidder's Telephone No. tom. IS, 4- Date Authorized Signature /Titl$ 1 I, 1374 5 Q' � ,.. Bidders Addre s • • PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNI — ME No. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. 100 Reconnect existing 3/4" and 1" services Each @ �C Dollars ?tb and Cents $ 1$O $ ($000' Each 13. 70 Replace existing service (length of Each service less than 1/2 street or alley width) @ –T7k)--V 441AA1Dollars 1n,p and Cents 0 $ 4 500 Each 14. 13 Replace existing service (length of Each service greater than 1/2 street or all width) @ Dollars nip V and Cents $ 3 SO $ 4-SSO- EacTF- 15. Lump Sum Assemble and disassemble temporary bypass water system @ Dollars and 'YlA Cents $ ( 000 ,� Lump Sum TOTAL PRICE WRITTEN IN WORDS ./i i 'Lpo cagy th Contractor's License No. & Classification - (� I ) 72`1 — 3 I 1 Bidder's Telephone No. tom. IS, 4- Date Authorized Signature /Titl$ 1 I, 1374 5 Q' � ,.. Bidders Addre s • INSTRUCTIONS TO BIDDERS . Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTOR(S) BIDDER'S BOND (sum not less than 10% of total bid price) NON- COLLUSION AFFIDAVIT STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL. form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777. of the California Labor Code for all apprenticeable occupations. 2o0 Wa Z A Contr's Lic. No. & Classification Date I - - -- • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. VW `i Bidder i Authorized Signatur it e • . Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, THIBODO CONST. CO., INC. , as bidder, and INDUSTRIAL INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT (100) OF AMOUNT BID Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of 84 WATER MAIN REPLACEMENT Title of Project tract in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 15TH day of MARCH 19 84. ` THIBODO CONST. CO., INC. Bidder (Attach acknowledgement of \/ -- Attorney -in -fact) BY[ Notary Public Authorized Signature/Tit] � 5�, Commission expires ' WIL u S rI et g�O Box 8096'' e,o, ^Cif 2 t Title § ; $ 3 ) . � q . § kz � 7 \ \ / } ,.� ( \ C7 |] \\ iatill \{ $: (§ \k \O j LW E a | ` / , } \ ' .PoWer of 21*rnep 217 • INDUSTRIAL NOME OFFICE SAN FRANCISCO anota all men by tbefse prezento: That the INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of Cali. fornia, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint - ----------------------- -- -- -- WILLIAM E. SPICER or 0. M. POPE--- ----- -- ------ -- -- -- -- -- -- its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipula- tions, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of OBLIGEES------------- - - - - -- provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of ------------------------- ---------- - - - - -- UNLIMITED---------------------------- thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of the INDUS. TRIAL INDEMNITY COMPANY, at a meeting held on the 29th day of March, 1968, reading as follows: "RESOLVED, that K. K. Bechtel, Chairman of the Board, or Fred Drexler, President, or J. W. Pedersen, Vice President, of this company, when attested by the Secretary or an assistant secretary, be and he hereby is authorized to execute Powers of Attorney quali- fying the attorney selected to act under such Power of Attomey to execute on behalf of Industrial Indemnity Company bonds, under- takings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto." In witness whereof, the INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 18th day of NOVEMBER 1 19 69 SEAL Attest: CLARENCE G. JOHNSON ......................................................................... ............................... ( CIARENCE C, JOHNSON) Secretary INDUSTRIAL INDEMNITY COMPANY J. W. PEDERSEN (J. W. PEDERSEN) VICE PRESIDENT STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO es. On this 18th day of NOVEMBER 1969 , before me MARY MUELLER a notary public in and for the City and County of San Francisco, State of California, personally appeared J. W. PEDERSEN and CLARENCE G. JOHNSON known to me to be the VICE PRESIDENT and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on Mar. 29, 1968, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and axed my official seal the day and year in this certificate first above written. SEAL ....... MARY.. MUEIS. ER ..................... ...I....._..................... JULY 14, 1971 Notary Public in and for the City and County My commission expires ..... ........... .........._.................... of San Francisco, State of California. 1, L. E. MULRYAN SECRETARY of the INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the power of attorney granted herein and the resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said power of attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and.ajalwdt bw seal of the INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California this 15TH d - MARCH '19 84 SEAL ..................... .......................................... ............................... (L. MULRYAI SECRETARY FORM IY041 Ra (5/88) NON- COLLUSION AFFIDAVIT 0 Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid, Subscribed ,an. sworn to before rAe this t day of 9 19 My commission expires: • Bidder Notary Public —� mn mn IV! 'I' "l,n.nrclmiii 1ITMITiT ,me -n'I^ m i�mm�rinni iti ittnnuonwrcg OFFICIAL SLAL g aco oea ELIZABETH A. CANEPA _R - NOTARY VUREIG -CAC,G RNA PRINCIPAL O% %ICE M g ORANGE COUNTY MyCommissron fzpkes April 12,1985 Duran::prxa:.u:n:nuuuor,nm y co mmiw, d„ nipr, meum :uueiin..aumn�mwmmn „tluww� 0 Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. C� • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. � 9 B l eAD2-t,*-7 , i2�3�cC�G- ZFro_' 3 3 • 0 March 26, 1984 BY THE CITY COUNCIL CITY OF NEWPORT BEACH CITY COUNCIL AGENDA ITEM NO. MAR 2 61984 TO: CITY COUNCIL FROM: Public Works Depar men SUBJECT: WATER MAIN REPLACEMENT PROGRAM 1983 -84 (C -2401) RECOMMENDATION: Award Contract No. 2401 to Thibodo Construction Company for the total price bid of $295,090, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on March 15, 1984, the City Clerk opened and read the following bids for this project: Bidder Total Price Bid Low Thibodo Construction Company, Inc. $295,909.00 2 Forster Construction 306,150.00 3 Shacklett Construction Co. 313,320.00 4 Brkick Bros. Corp. 315,342.50 5 Jan G. Earnest Construction Company 316,915.00 6 P & J Utility Co. 323,780.00 7 Changing Times Enterprises Inc. 324,604.00 8 Matt J. Zaich & Sons, Inc. 335,200.00 9 R & L Sewer 339,066.50 10 Peter C. David Co. 339,976.00 11 Galiacher Company, Inc. 337,282.29* 12 Macco Constructors, Inc. 379,087.50 13 Sully- Miller Contracting Company 397,765.00 14 T. A. Rivard Inc. 429,685.00 15 John T. Malloy, Inc. 433,422.50 *Corrected Total Price Bid is $340,282.29 The low total price bid is 10% below the Engineer's estimate of $325,500. Funding for award is proposed from the following accounts: Description Account No. Amount Water Main Replacement Program 50- 9283 -001 $265,909 Modify System Corona del Mar Freeway (transfer from) 50- 9297 -172 30,000 A budget amendment transferring $30,000 from Account No. 50- 9297 -172 to Account No. 50- 9283 -001 has been prepared for Council consideration. Thibodo Construction Company, Inc., the low bidder, has not performed previous contract work for the City. However, a check with their experience references and the State Contractors' License Board has shown that Thibodo P 0 March 26, 1984 Subject: Water Main Replacement Program 1983 -84 (C -2401) Page 2 1) has successfully completed projects of a similar nature for other Southern California agencies, and 2) has no pending actions detrimental to their contractor's license, respectively. The project provides for the replacement of approximately 8,950 lineal feet of deteriorated water mains and water service lines in Newport Heights, Harbor Highlands and Corona del Mar. (See attached exhibit for locations). Also included is the installation of a new 16 -inch diameter water main across Pacific Coast Highway at Poinsettia Avenue. The replacement water mains will improve domestic water service and provide increased pressure and reliability for fire protection. The water main replacement is part of the continuing program to replace existing deter- iorated water mains in the City. The plans and specifications were prepared by the Public Works Depart- ment. The estimated date of completion is June 30, 1984. GG11Z� Benjamin B. Nolan Public Works Director LD:do Att. crvc D J1 rc � s> I A6,YR1]Pl /INOOP NKY SCIKUC J =,& __3. rl \i \L L NAN.NE UyF,�i" S ;� f�����C�C�� 'JC ° CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1983 -84 WATER MAIN REPLACEMENT PROGRAM C -2401 3 PROJECT LOCATION VICINITY MAP SCALE 110=1600' DRAWN R.G. DATE R -13 -84 APPROVED -- - �L Ir" co DRAWING NO. EXHIBIT 11A,l Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, Oalitornin, Number A -6214, dated 29 September. 1961, and A- 24631, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange PUbim Nonce Adrvn,vnv cbvmed by Inn edldent n eel m I MW wnb 10 pica column width I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS- PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice)b* Inviting Bids - Contract 2401 1983 -84 Water Main Replacement Program. CITY OF NEWPORT BRACH of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one consecutive weeks to wit the issue(s) of March 1 198 4 198 198_ 198- 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 1 198 4 at Costa Mesa, California. �( e) OY�_i1 Signature PUBLIC NOTICE NOTICE INVITING BIDS seated bids may be received at the office of the City Cbrk, 3300 Newport Boulevard, Newport Beech, CA 92663 until 11:00 A.M. on the 15th day of March, 1984, at which time such bids shall be opera ad and read for Title of Project: 1983 -84 WATER uew acol ACeMENT PROGRAM Prospective of id documents bidders may obtain at tset of bid of the P at rro cuss 13 the o0ke Of the Public works Department. 3300 Beach Newport Boulevard, Newport 92663. For Step- him Luy, ProjectstE gi e1 Sleet 640 -2281. Published Orange Coast Deily Pilot March 1, 1984 1199 -84 PROOF OF PUBLICATION BY THE CITY COUNCIL CITY OF NEWPORT BEACH FEB 2 71984 APPROVED TO: CITY COUNCIL FROM: Public Works Department SUBJECT: WATER MAIN REPLACEMENT PROGRAM 1983 -84 (C -2401) RECOMMENDATIONS: 1. Approve the plans and specifications. February 27, 1984 CITY COUNCIL AGENDA ITEM N0. - (6 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on March 15, 1984. DISCUSSION: The project provides for the replacement of approximately 8,950 lineal feet of deteriorated water mains and water service lines in Newport Heights, Harbor Highlands and Corona del Mar. (See attached exhibit for locations). The replacement water mains will improve domestic water service and provide increased pressure and reliability for fire protection. The water main replacement is part of the continuing program to replace existing deter- iorated water mains in the City. The staff has obtained an encroachment permit from CalTrans for the installation of a new water main across Pacific Coast Highway. The Engineer's estimate for the work is $325,500. Adequate funds to award this amount are budgeted in the Water Main Replacement Program and in the Big Canyon Reservoir Desilting Basin and Utilities Yard Garage appropriations. After bids are opened, budget amendments will be submitted to transfer the necessary funds for award. The plans and specifications were prepared Department. T e stimated date of completion is June Benjamin B. Nolan Public Works Director SL:do Att. by the Public Works 30, 1984. •fK/T(1— i�1 31��• •t.. Q 1 1 Sf 4i I.cur . .�wrarr uoaooe ' 111MN e�1 �p '. NIGN SCN[VX / S a j�•.: z �C /YL� I IR 1 �a d /]✓ Y J a ❑D __ c�,_ a N � pR oak o _ JQ, x x i, is b °,, �NAN,lE ,;•� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1983 -84 WATER MAIN REPLACEMENT PROGRAM C -2401 PROJECT LOCATION VICINITY MAP SCALE I 1600' DRAWN--R—G. DATE Z-13-84 APPROVED �- DRAWING ND. EXHIBIT "A°