# Transcript of Record — Six Companies of Cal. v. Joint Highway Dist. No. 13 of Cal. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386402_0004%3A08 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1940 - **Citation:** 311 U.S. 180 ## Text ‘CLERK'S COPY. : Vol. Vill TRANSCRIPT OF RECORD BOOK OF EXHIBITS Supreme Court of the United States OCTOBER TERM, 1940 No. 267 SIX COMPANIES OF CALIFORNIA, HARTFORD ACCIDENT AND INDEMNITY COMPANY, ET AL, PETITIONERS, vs. JOINT HIGHWAY DISTRICT No. 13 OF THE STATE OF CALIFORNIA 3 ON WRIT OF CERTIORARI TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Ee ES EE ee RE a LE es ae a OR ee Se, No. 9113 red ————_— Gnited States | Circuit Court of Appeals For the Rinth Circuit. SIX COMPANIES OF CALIFORNIA, a corporaticn, and HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation, FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation, THE- AETNA CAS- UALTY AND SURETY COMPANY, a corporation, IN- DEMNITY INSURANCE COMPANY OF NORTH AMERICA, a corporation, AMERICAN SURETY COM- PANY OF NEW YORK, a corporation, MARYLAND CASUALTY COMPANY, a corporation, UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, THE FIDELITY AND CASUALTY COM- PANY OF NEW YORK, a corporation, GLENS FALLS TNDEMNITY COMPANY, a corporation, STANDARD SURETY AND CASUALTY COMPANY OF NEW YORK, a corporation, STANDARD ACCIDENT INSURANCE COMPANY, a corporation, MASSACHUSETTS BOND- ING AND INSURANCE COMPANY, a corporation, CON- TINENTAL CASUALTY COMPANY, a corporation, and NEW AMSTERDAM CASUALTY COMPANY, a corpo- ration, Appellants, vs. JOINT HIGHWAY DISTRICT NO. 13 OF THE STATE OF CALIFORNIA, a public corporation, Appellee. Oransrript of Rerovd In Eight Volumes VOLUME VIII Book of Exhibits . Upon Appeal from the District Court of the United States for the Northern District of California, Southern Division. PARKER PRINTING COMPANY. 545 SANSOME STREET. SAN FRANCISCO [CLERK’S NOTE: Excerpt from stipulation of counsel re portions of record to be printed: (1) It is stipulated that an agreed state- ment of facts in the form hereto attached and marked Exhibit ‘A’ shall be printed in the ree- ord in lieu of plaintiff’s exhibits numbers 1, 5, 6, 8, 9, 11, 12, 13, 14, 15, 17, 19, 20 and 21.”’] EXHIBIT “A” AGREED STATEMENT OF FACTS Defendant, by resolution of its Board of Diree- tors, adopted on March 3, 1933, duly and regularly approved the final surveys, plans and specifications and detailed drawings and final estimate of cost of the project which it proposed to construct. Said specifications, plans and drawings so approved were the same as plaintiff’s Exhibits Nos. 3 and 2, re- spectively, introduced in evidence herein. Said esti- mate of cost was the same as plaintiff’s Exhibit No. 4. Thereafter, by resolution of its Board of Direc- tors, adopted January 3, 1934, defendant duly and regularly approved the first amendment to said specifications, plaintiff’s Exhibit No. 7 herein, and thereafter, by resolution of its Board of Directors, adopted April 3, 1934, defendant duly and regu- larly approved the second amendment to said speci- ~ofications, plaintiff’s Exhibit No. 10 herein. All of said specifications and amendments thereto and said plans, surveys, detailed drawings and esti- LE RANI 2 Siz Companies of California vs. mate of cost were duly aua regularly approved by the Director of the Department of Public Works of the State of California. \ ? On May 4, 1934, the Board of Directors of de- fendant adopted a resolution to proceed with the construction of the. project of defendant and direct- ing that a notice to contractors be published that sealed bids for the construction of defendant’s _ project would be received until May 22, 1934. Thereafter, said notice was duly and regularly pubitshed. 9 On May 22, 1934, plaintiff submitted to defendant a bid for constructing said project of defendant. Said bid was in the amounts set forth in the con- tract thereafter entered into between plaintiff and defendant, plaintiff’s Exhibit No. 16 herein, and was the lowest and best bid submitted. On May 29, 1934, the Board of Directors of de- fendant adopted a resolution accepting said bid of plaintiff and awarding to it a contract for the con- struction -of said project of defendant and author- izing the execution of said contract. Said contract was thereafter duly and regularly executed by the parties thereto. Thereafter, a bond for faithful performance of the contract and a bond for the payment of ma- terialmen and laborers were duly and regularly filed by plaintiff with defendant. Both bonds were dated June 12, 1934, and both were duly and regu- larly approved by a resolution of the Board of Directors of defendant, adopted June 14, 1934. Joint Highway District No. 13 3 Attached to the cross-complaint herein is a full, true and correct copy of said bond for faithful per- formance, which is plaintiff’s Exhibit No. 18. Defendant is, and at all times which are materia to this case, has been, a duly and regularly organ- ized and existing public corporation under the law of the State of California. Prior to entering into said contract with plaintiff, defendant | duly and regularly complied with all the: requirements of the laws of the State of California relating to its organizétion, the construction of its project and the awarding of said contract to plaintiff for the construction thereof. - Eh TAS, Mardin titty bh Venton’ 43, ernie eo : ee a _ Nn... and harmless from any or all damage or expense whatsoever. (1) Insuranece—The Contractor at his own ex- pense shall effect and maintain such Liability and Workmen’s Cempensation Insurance as will pro- tect him, the District and the District Engineer from claims under the Workmen’s Compensation Acts and from any other claims for damages for personal injury, including death, which may arise from operations under the contract, whether such operations be by himself or by any subcontractor or by anyone employed directly or indirectly by either of them. The Contractor shall also at his own expense provide insurance against loss by fire, payable to the District, to cover any and all structures or property belonging to or in possession of the Dis- trict and placed at the Contractor’s dispose] in whole or in part, and also to cover all materials accepted but not placed in the work which have been included in the monthly estimates and which have been or are to be taken over by the District. The Contractor shall, before commencing work on this contract, deliyer to the District Engineer certificates from insurance companies cr_ their agents stating “hat said insurances are in force and will not be cancelled without written notice to the District Engineer. Joint Highway District No. 13 21 (m) Sub-letting and Assignment.—No sub- contractor will be recognized as such and all per- sons engaged in the work of construction will be considered as employees of the Contractor and their work shall be subject to the provisions of the con- tract and specifications. Where a’portion of the work which has been sublet by the Contractor is not prosecuted in a manner satisfactory to the Dis- trict Engineer, the subcontractor shall be removed immediately on the order of the District Engineer and shall not be employed again upon the work. Neither the contract nor any part thereof shall be assigned unless the Board of Directors first con- sents in writing to such assignment. Such’ assign- ment shall not relieve the Contractor or his bonds- men from any liability whatsoever. (n) Contractor Guarantees Work.—lIt is under- stood that the Contractor is skilled_in the trade or calling necessary to perform the work herein set forth and that the District, not being skilled in such matters, relies upon the Contractor to do and perform all work necessary, and to do, supply and furnish ali the acts and things necessary, at the proper times and in the most skilful and desirable manner, and the Contractor guarantees the work- manship and materials furnished and supplied to be the best of their kind. The acceptance of any part or of the whole of the work does not operate to release the Contractor or his bondsmen from said guarantee. : 22 Six Companies of California vs. (0) Dismissal of Workmen.—The District En- 7 gineer may, if he deem it necessary for the good of the work, require the Contractor to dismiss any workman on the work and such person shall not again be employed on the work. (p) Sanitary Arrangements. —The Contractor shall make provision for and maintain in a sani- tary manner at the work, all necessary and sanitary conveniences for the workmen in accordance with the rules and regulations of the Department of Pub- lie Health, or the Department of Industrial Rela- tions, acting in conjunction with said Department of Public Health, and of all lawful authority. (q) District May Perform Work.—(1) The Contractor agrees that if the work to be done under this contract shall be abandoned, or, if in the opin- ion of the Board of Directors the work or any part thereof is unnecessarily or unreasonably delayed, or if the same is not prosecuted with the diligence - and force specified, meant and intended in and by the terms of the contract; or if the Contractor. is wilfully violating any of the conditions or covenants of the contract and specifications or of the plans or of any part of the contract, or is executing the work in bad, faith, the said Board of Directors sha]] then have the power to notify said Contractor to discon- tinue the work or any part thereof under the con- tract, and thereupon the Contractor shall cease to continue such work or such part thereof as the Board of Directors may designate. eas. oS SS eee a SS we Meee S se ES ae ea Ee gy ee ag bo) SS Guy ie pig Ie MR ee Serre a aro Ay r 7 oe oa ee ee 2S cid =o oes st? . S$meeh Joint Highway. District No. 13 ee 94 ad Sta Companies of California vs. under pressure. Each grout hole and grout con- — nection shall have forced into it under a pressure | as directed by the District Engineer, but not ex- ceeding one hundred and fifty (150) pounds per square inch, a grout composed of cement and water, cr cement, sand and water, in proportions deter- mined by the District Engineer. Sand for pressure grouting shall meet all requirements for concrete sand speciiied herein except as to grading, which shall Le as follows: One hundred per cent (100%) shall pass a No. 8 sieve, and twenty per cent (20%) to inirty-five per cent Gh) shall pass a No. 50 sieve. ta Cement for pressure grouting shall conform to - the requirements herein specified for Portland Cement. The apparatus for mixing and placing grout shall be of a pumping type approved by the District Engineer and capable of effectively and continu- ously mixing and stirring the grout and forcing it into the holes at any desired pressure up to one hundred and fifty (150) pounds per square inch. Grouting shall not be stopped in any hole until di- rected by the District, Engineer. After the grouting of the hole is finished, the pressure shall be main- ‘tained by means of a stop-cock or other suitable device until the grout has set sufficiently so that it ~ ‘Tf ground is supported by steel ribs and liners, spaces behind the steel shall be grouted prior to Joint Hignway District No. 13 95 placing the tunnel lining. Grout as herein specified for grouting rock shall be forced into the space behind the steel, as directed by the District Engi- neer, under pressure not exceeding twenty-five (25) pounds per square inch. Any unfilled space above the crown of the tunnel which remains after concrete is placed, or any space behind the tunnel lining which cannot be filled with concrete as intended shall be grouted by a pressure method satisfactory to the District Engi- neer, and such grouting shall be done at such times after placing concrete as the District Engineer may direct. Grout and grout materials, and methods of mixing and placing, shall be as herein specified for grouting rock. For the purpose of introducing grout through the arch, a grout pipe system consisting of one inch (1”) risers at intervals of approximately ten feet (10°) shall be installed prior to the time the con- crete is placed. The upper end of such risers shall - be wrapped with burlap and wire in such a manner that concrete will not enter the risers during place- ment, but. that grout will be forced from the riser into the space above the arch when pressure is ap- plied, After grouting is completed, and the grout = : . Ste Ti ae ee > 5 50 br ie = . ewe Fork iets: Pe Ree SOREN dest os See tC ears SPN A ee RNS STR ETT SO Ae aT Tet te Be? Oe PPT. IST AIS SESE, PO ad RR Sones teed ecycks fab Vecbea eae SS ACE OES, 96 Six Companies of California vs. Full compensation for grouting shall be consid- ered as included in ‘the price “paid for “Tunnd § Construction”’ as specified in Section 32 ‘hereof, and . no additional allowance will be made therefor. / Contraction Joints 17. Description.— Expansion and _ contraction joints are to be constructed as shown onthe plans or determined by the District Engineer. Joints to @ be filled with asphalt shall be carefully cleaned out § and filled with asphalt having a penetration of from one hundred and seventy-five (175) to two hundred and twenty-five (225). Full compensation for con- structing and filling expansion and contraction joints, as herein specified, shall be considered as in- cluded in the prices paid per cubic yard for con- crete in structures, and no additional allowance will be made therefor, Drains and Weep Holes 18. Description.—Drains back of and weep holes through walls and tunnel lining shall be provided as shown on the plans or as directed by the District Engineer. “Drains shall be constructed in accord- ance with specifications in Section 23, ““Under- drains,” except as otherwise shown on the plans or directed by the District Engineer. For all walls, the price paid per cubic yard of concrete in place shafl include full compensation for the furnishing and placing of all weep holes and drains as above specified. ne See ws Joint Highway District No. 13 97 paid per lineal foot for ‘‘Tunnel Construction,”’ Section 32 shall include full compensation for the furnishing and placing of all weep holes and drains as above specified. Lighting Conduit 19, Description—Conduit for lighting equip- ment shall be galvanized or sherardized both inside and outside and shall be.of the size called for on the plans, At expansion joints, where the conduit passes through diaphrams or brackets, a zine sleeve shall be placed about the conduit and oiled or otherwise treated to prevent adhesion to the concrete. The length of conduit between junction boxes shall ~ot exceed seventy feet (70’) ; wooden plugs shall he in- serted in all open ends of conduits to prevent plug- ging. Full compensation for furnishing and placing con- = duits with. all necessary fittings and incidental work connected therewith shall be considered. as included in the prices paid for other item§ of work and no additional allowance will be made Badan 20. “Desegen, Seda care shall be taken to construct parapets true to line and ‘grade. - / a ' 98 * Siz Companies of California vs. © / forms shall be oiled or painted with a coat of white shellac as the District Engineer may direct. Per- ceptible-breaks in the lines or parapets will be sufti- cient causc for removal and rebuilding at the Con- tractor’s expense. 21. Payment.— Joint Highway District x 0. 13 99 widths shown on the plans, and as directed by the District Engineer. “The pavement shall consist of two (2) courses, namely, a waterbound base course consisting of rock and screenings, compacted by rolling and watering and of a depth not less than six inches (6”) after final compacting, and a pene- tration oil macadam top course two inches (2”) in thickness after compacting, consisting of rock and screenings compacted by rolling and bound and sealed by applications of hot road oil or cold emul- sified road oil, as hereinafter specified. ~ 2. Waterbound Base Course: (a) Materials.—- The broken stone for the waterbound base course shall be crushed from sound ledge rock or. boulders, of such character that it will compact and_thor- oughly lock under watering and rolling so as to make a stable, well keyed base. The rock shall be free from. clay, loam, adobe, vegetable matter or other“deleterious material. It shall have a coefficient of wear of not less than eight (8) when tested in the manner hereinafter sét. forth for ‘“‘ Abrasion Test of _ Rock.” It shall be of such size that it will all pass a sereen having circular openings three inches (3”) in diameter and at least ninety-five per cent (95%) | will pass a screen having circular openings two and one-half inches (214”) in diameter; not. more.than seventy. per cent (70%) will pass a screen having cireular openings two inches (2”) in diaméter and at least ninety-five per cent, (95%) will be retained on a screen having eens oetea e quarter inches. (1%”). in diameter. . iesivigace ne ih te a an 100 Siz Companies of California vs. Screenings shall be that portion of the crusher run, including stone dust, which passes a screen having circular openings three-quarters inch (%4”) in diameter. Screenings shall be obtained from rock of the same qualities as hereinabove specified for broken stone. (b) Constructing Base;—The bikes stone shall be placed upon a subgrade prepared as hereinbefore specified, and between side forms or headerboards set to line and grade for the edges of the finished pavement. If curbs and gutters are to be placed they shall be constructed prior té the placing of the rock, and headerboards: shall be omitted. ~The broken stone shall be placed. in two courses, each course not to exceed four. inchiés (4”) in thick- ness, measured tiefore rolling. Work on each course shall be handled in a similar manner. The broken stone shall be spread in a Jayer of ‘wnifoilin thickness, using either spreading boxes, self-spreading vehicles, or by spreading from the vehicle by hand. Dumping in piles: upon the sub- grade will not be permitted. The course shall be rolled with a self-propelled roller weighing at least three hundred (300) pounds to the linear inch width of tread, and rolling shall be done at the sides of — the roadway first, gradually working toward the broken stone thoroughly locked and keyed. Screen- ings ‘shall'then be spread in’ thin’ layers and:each — layer rolled dry untii no more screenings ‘can’ be — forced into the voids. The surface ‘shall then. be’ Joint Highway District No, 18 101 inkled until the stone is thoroughly wet but not iftently to saturate the subgrade, and again led. Excess sereenings shall be scattered by light eping, additional screenings shall be added as | where voids develop, rolling and sweeping shall continued until the: entire surface is completely J ps Sens eka: Whe ata be Py cael x S prrathens xy, ge 4 ate) Bale mat SUE aR Side pa os sais BSCR aR Mog tbe IIE a AI i Aes ey ot tie i? Palos CM UB Ik (et It FT “ake wey Se a Ay oa tae AL x ORS aby Dieta de abr pee a 5 ; 5 ote pets ycats Sr aire eens ranch em th reirEnt, NVR eM aaY see aoa w ger OL SAM 8 7 arm 136 Siz Companies of California vs. positing of materials, as herein provided, timber, ing, drilling, blasting, draining, ventilation, timber - and removal, structural steel supports and removal, and all concrete work as shown on the plans, inelud- ing all concrete placed outside the ‘‘neat lines of the concrete structure’’ and ali grouting; for all ma- terial furnished and the transporting afid placing of all materials; for all form work, including the construction, erection and removal thereof; for all finishing and painting of concrete surfaces; for all ceilings and partitions; for pavement and curbs and sidewalks; for water pipes and accessories; for all drainage structures, pipes, 00'008'z¢ $ ‘pAnoaed og'T $34 ‘spé"n2 900% eV) S8BIQ “UOVABOXG [BanjonAyG “g oo'0ns'or «$ «= ‘PA “es aed coo'o $38 ‘#p4 “B38 000'ODT'S yosqsesQ Z% OO'OSL'TSZ $ ‘PA nosed gg’ $I" ‘SpA "NO Q00'8OL Supp T (ereoy porempeg soopag UU) sowaqieg Aayewad owes] yout ZI ‘Wealny edig [eeW peywsnsi0y “TZ PAST ELI ED TRE TE PTS TEA IPTG GL IL ELT eS o 8 : | oo'orl'S «$= Used OFT $38. “4S THT OOTF | eg ten. peysnii0g pezwi0jseg youl g ‘Suyesplepuyl “TP 00°08 $ youve 00'0S$ 3% t apoypuey, ‘OP 00°80T + qove oo'ges 3" g your gy ‘sejoudmey “6g 00'9% % yore 00'9Z8 3% t yout g ‘sejoyduey "gg " 00°92 $ yous 00' NCS I t _ Youy g ‘sejoqdmey “1g = 00°096 + yore 00'0RS 1*# I Ory BOTT 409UM WING “9s oo'o00'rT «= ss 4282 00 00TS 3% Or cfl>y ‘SVOPAY AOgBM TAIOIG “SE : 00°SL $ . youe OO'SLS 3* t sBuruedo your-pg ‘s19]U] A0jBM WIG PE S woe ¢* youe 00'06$ 3” ? ado} Supeigy “sojoquem “Se S 00°00 $ qou? 00'00TS 38 g ado, yopuy ‘sejoyuv “Ze 00'006 + 4282 00'06$ 34 1) sdo} prspunyg ‘sojoqueyy “TE S oosse 46s «sSiC'H UT AO OST SIE «WU TY your g ‘siemeg edig PegLA OC 2 0oosr % ‘BUpsed COT HR WF UIOGT yout 9 ‘suemeg odig PopyA 62 = ooosl's $$ ‘wi unsed o's $38 “UIT OBS eX YUL 9E ‘GaeaTuH edig e#e19U0H peorozUTey “Bs oo'sor'o9 «$F Used CFE SIE = «“3F WHOLIT cX >» FOUL HZ “WoaMH edig ser9UEH peosOzUley “LZ g 00°OLT $ ‘wursed 007 $3® ‘HUGS «S>» WUE BT ‘jeaTny odig eyesoUeH peosofuyey 9% m= O0PLL $ ‘wWuysed OVI $Ie “FUL OSF «» YOUL GT QaranH odig eyeroUeH peosoyupey “SZ OO'SZtT $$ ‘Wumszed OCT $3e UI OSL » ‘WOUL ZL Weamy edig ejosom0H peosopurey “FG 00°805 $ ‘wuysed OST $3 5 UN OFE B>> ‘YOUL OL Weaup edig e3e19N0H Peorosupey “Es 00'0066 $ «33 Used OOS HIB «=F “MIT OOB'E Your gT ‘yeamny edrg TeIoW peyesn110H “ZZ (wey, porwwpey soovag WE soveupieg Lopraend) emery 00° [£6'€89'E$ 00'000'ST ¢ 00°000'0Iz ¢ 00°000'09 ¢ [830] wus dummy] wns duny ung duny wns du] uns dunry iy “uly aod ooo ~~ 6 UN 8 ‘Uy 40d 09'00%S 1% = “35. “UT 006 ‘4 “Wy ted Oo‘EzEs ye = “13. "UT, OOS ‘pA naded QO $1¥ “sp “no ORE ‘Ql aed gro $18 841 000'9F ‘DA na dad Q0'¢ $38 ‘spd “no Ozz ‘ Upaed Og $32 —13 “UT OFO ‘Ww uted O90 $38 «33 “UT OOF‘ZI ‘Uy sed OCT $38 «643 “ul OzO'Z oryag NED cowwenyreg Asqrewnd) Joint Highway District No. 13 168 The unit prices hereinabove set forth are the prices bid by the second party and accepted by the first party and payment shall be made to second party on the basis of the units furnished of each item hereinabove specified. The lump prices for items 51 to 55 inclusive, hereinabove set forth, are in each case the total prices to be paid by the first party to the second party for the items therein listed. A copy of the bid of the second party is on file with the Secretary of the Board of Directors of the first party and is hereby expressly referred to and made a part of this agreement. It is hereby mutually understood and agreed by and between the parties hereto as follows: 1. That the work provided for by this contract shall be actually commenced by said second party within (10) calendar ‘days from and after the exe- eution of the same and shall be completed within seven hundred twenty (720) calendar days from and after the execution of this contract, time being of the essence hereof. 2./ That the price te be- pale: ndid: weeiabaeaty as hereinbefore provided shall be paid in legally executed and regularly issued warrants of the said first party, drawn on the appropriate fund or funds of said Joint Highway District, as required by law eee ae a first. party. 3. hind thes cahd: Ratt sien), 00'S veghaidren. painted District Engineer and his assistants and 164 Siz Companies of California vs. agents shall, at all times during the progress of said work, have free access thereto, and shall be allowed to examine the same, and all the material to be used therein, and if the same or any part thereof shall not be in strict accordance with said plans and specifications herein referred‘to, it shall refuse to accept and shall reject said defective work and material. The whole of said work is to be done to the satis- faction and approval of said first party and its agents authorized to superintend the same, in strict accordance with the plans and specifications here- inbefore referred to. 4. That the second party is skilled in the trade or calling necessary to perform the work agreed to and done under this contract, and that the first party, not being skilled in such matters, relies upon the skill of said second party to do and perform the work and labor necessary in the most skillful and durable manner, and said second party guarantees the same, and the aeceptance of the work does not operate as a release to said second party or its bondsmen from said guarantee. | 5. That the second party further agrees that if the work to be done under this contract and agreement shall be abandoned, or if this contract shall be assigned by the second party, or if at any time the District Engineer shall be of the opinion, and shall so certify in writing to the said first party Joint Highway District No. 13 165 that the said work or any part thereof is unneces- sarily or unreasonably delayed, or that the said second party is wilfully violating any of the con- ditions or covenants of this contract, or is executing this contract in bad faith, the said first party shall have the power to notify the said second party to diseontinue all work or any part thereof under this contract, and thereupon the said second party shall cease to continue said work or such part thereof as said first party may designate, and the said first party shall thereupon have the power to place such and so many persons, and to obtain by contract, purchase or hire, such animals, carts, wagons, impie- ments, tools, material or materials, by contract or otherwise, as said first party may deem advisable, to work at and be used to complete the work here- in described, or such part thereof as the agent authorized to superintend the same may deem neces- sary, and td use such material as they may find upon the line of said work and-to charge the expense of such labor and material, animals, carts, wagons, implements and tools to the seeond party, and the expense so charged shall be deducted and paid by the first pariy out of such moneys as may be either _ due or may at any time thereafter become due to the-said second party under and by virtue of this es ene . +. _ In ease such expense is less‘ than the sum which would have ‘been payable under this contract, if the ® 166 Siz Companies of California vs. the said second party shall be entitled to receive the difference, and in case such expense shall exceed the last said amount, then the said second party or its bondsmen shall pay the amount of such excess to the first party on notice from the said first party of the excess so due. 6. That upon notice of the completion of said work, the said first party or its agent shall proceed without delay to examine the same, and if found to be in accordance with the aforésaid plans and speci- fications and this agreement, shall accept said work and shall notify the second party thereto, or jts agents, of such acceptance. 7. Payments for said work will be made only upon the certificate of the Distriet Engineer for work actually performed. The District Engineer shall measure the work on or about the first day of .geoch month and at the time of completion of the “entire work, and shali render a certificate on. or about the tenth day «i gach month and at the com-_ -pletion of the entire w stating the amount of * work performed: during the previous calendar month, and during the current month, at the time of eompletion. The Contractor shall then, at the times above specified, be entitled to receive a pay- ment from the District in an amount to be deter- * mined as follows: Until the total value of the work _ done since ¢éommiencement of performance of the — contract exceeds Four Hundred Thousand Dollars . ($400,000.00) the payment will be seventy-five per i —/. \ & Joint Highway District No. 18 167 eent (75%) of the amount specified in the District Engineer’s certificate; thereafter and until the total value of the work done since the commencement of performance of the contract equals One Million Dollars ($1,000,000.00), the constant sum of One Hundred Thousand Dollars ($100,000.00) will be retained by the District out of said total value; thereafter the progress payment will be ninety per eent (90%) of the amount specified in the En- gineer’s certificate, provided that no such estimate of payment shall be required to be made when, in the judgment of the District Engineer, the work is not proceeding in accordance with the provisions of the contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than Five Hundred Dollars ($500.00), except the certificate and payment re- quired at the completion of the entire work. “The acceptance by the Contractor of the final ninety per cent (90%) payment for the completed work shall be and shall operate as a release to the District from all claims and liability to the Con- tractor for anything done or furnished for or re- lating to the work, or for any aet or negléét of the District or its agent in any way affecting the work, excepting the claim of the Contractor against the District for the moneys herein provided to be paid by the District to the Contractor thirty-five (35) days after the acceptance of the contract: ' rae “Thirty-five (35) days after the acceptance of the work. by a certificate of acceptance duly rendered by 168 Siz Companies of California vs. the Distriet Engineer and final approval and ac- ceptance by the Board of Directors of the District, the Contractor shall be eniitled to receive a «pay- ment of the balance due under this contract in the amount of ten per cent (10%) of the aggregate amount of all certificates of the District Engineer. 8. That the said second party shall furnish and deliver to the said first party, upon the execution of this contract, a good and sufficient bond and undertaking in the sum of One Million Eight Hun- . dred Forty-two Thousand ($1,842,000.00). Dollars, with sufficient corporate surety thereon, approved by the Board of Directors of first party, conditioned for the faithful performance of this contract by second party, according to the terms and provisions herein. : | 9. That the said second. party shall furnish and deliver to said first party, upon the execution of this contract, a good and sufficient bond and under- taking in the sum of at least One Million Eight Hundred Forty-two Thousand ($1,842,U00.00) Dollars, approved by the Board of Directors of first party, with sufficient corporate surety thereon in aecordance with any law of the State of Cali- fornia requiring the same and with an Act of the Legislature of the State of California, entitled, ‘‘An Act to secure the payment of the clams. of persons employed by contractors upon public works, and the claims of persons who furnish materials, sup- , plies, teams, implements.or machinery used or con- sumed by such contractors in the performance of’ Joint Highway District No. 13 169 such works, and prescribing the duties of certain © public officers with respeet thereto,’’ and any Act or Acts amendatory thereof. 10. That“eight hours’ labor shall constitute a ay’s work for any one calendar day, and all work - and labor performed under and in accordance with the terms and conditions of this contract. 11. That no laborer, workman or mechanic em- . ployed at any time by the said second party, or by any subcontractor or subcontractors under it, upon the work or upon any part of the work contem- plated by this contract, shall be required or per- mitted to work thereupon more than eight hours in any one calendar day, except in cases of-extraordi- nary emergency caused by fire, flood or danger to life or property, or except to work upon public, military or naval defenses or works in time of war; provided, however, that within thirty (30) days after any employee is permitted to work over eight hours in any one calendar day due to such extraor- dinary emefgency, the contractor or its, duly au- ‘thorized agent shall file with the Board of Di irectors of the first party a report verified. by oath forth the nature of the said emergency, w re- port shal] contain the name of said worker and the hours worked by h.m on said day, and failure to file the said report within the said time shall be prima facie evidence that no extraordinary emer- gency existed. The contractor and each subcontrac- tor shall. also keep an accurate record showing the names and actual hours worked of all workers em- 170 Siz Companies of California vs. ployed in connection with the said public work, which record shall be open at all reasonable hours to the inspection of the Board of Directors of the first party or its deputies or agents, and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Re- lations, his deputies or agents. The. said second party hereby agrees to forfeit as a penalty to the said first party, out of any moneys becoming -due to it from the said first party, under the terms of this contract, the sum of Ten ($10.00) Dollars for each laborer, workman, or mechanic employed” in the expoution of this contract by said second party, or by any “subeontractor under said second party, for each and every calendar day during which said laborer, workman or mechanic is required or per- mitted to labor more than eight hours in violation of the provisions of Section 653c of the Penal Code of the State of California, and that the said first party is hereby authorized and directed through its proper representatives, to withhold and retain from the. said second party, or from the said sub- contractors under it, all sums and amounts which shall have been forfeited pursuant to this stipula- tion, as the property of the said first party, as pre- vided for by Section 653c of the Penal Code of the State of California,.and any Act or Acts amenda- tory thereof; provided, however, that no sum shall be so withheld, retained or forfeited, except from the final payment; without a full investigation by either the Division of Labor Statisties and Law En- Joint Highway District No. 13 171 forcement of the State Department of Industrial Relations or by said Board of Directors. 12. That the said second party shall, at its own expense, before commencing work under this con- tract, take out and at all times during the prosecu- tion of the work hereunder, and until final comple- tion and acceptance thereof, maintain, in full force and effect, compensation insurance with an insur- ance carrier satisfactory to said first party, éover- ing the full liability of said second party to any and all persons employed by said second party, di- rectly or indirectly, in or upon said work, or their dependents, in accordance with the provisions of the Workmen’s Compensation Insurance and Safety Act, Chapter 176 of the Laws of 1913 of the State of California, and any Act or Acts amenda- tory thereof. And said second party failing to take out or maintain such compensation insurance before com- mencing work under this agreement, the same may be taken out, maintained or renewed by said first party at the cost and expense and in the name of said second party, said cost and expenses thereof to be deducted from any installment payment becom- ing due to said second party hereundér. 13. That if any material, composition, process, or any other thing so called for or required by the plans and specifications heretofore adopted by the first party is covered by letters patent, all royalties and expenses thereof, all litigation therefrom, or other things whatsoever,.which may develop as\a . . ; LIES ELLE Rh ME ES 172 Siz Companies of California va. cost from the use of such material, composition, process or any other thing which is covered by letters patent shall be borne by the second party. 44. That any alteration or alterations made in the plans and specifications which are a part of this con- tract or any provision of this contract shall not op- erate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Sections 2819 and 2840, and each of them, of the Civil Code of the State of California. ; 15. That said second party and all subcontract- ors under it shall pay all their laborers, workmen, mechanics and employees on said work a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons, firms or corporations under similar em- aopenent, and which salary or wage shall not be less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the werk is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work, and which salary or wage shall not be less than the stipulated rates con- tained in a schedule thereof which has been ascer- tained and determined by the Board of Directors of the first party and which is now on file with the Secretary of said Board and by reference incor- porated herein, and made a part hereof, and a copy Joint Highway District No. 13 173 of which is hereto appended and marked ‘Exhibit &.”’ The said second party hereby agrees to forfeit as a penalty to the said first party, out of any moneys becoming due to it from the said first party, under the terms of this contract the sum of Ten ($10.00) Dollars for each laborer, workman or me- chanic employed, for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the said stipulated rates for work done under this contract, by it, or by any subcontractor under it in violation of Chapter 397 of the Laws of 1931 of the State of California, and that the first party is hereby authorized and directed, through its . proper representatives, to withhold and retain from - the said second party, or from the subcontractors under it all sums and amounts which shall have been forfeited pursuant to this stipulation, as the prop- erty of the said first party, as provided by Chapter 397 of the Laws of 1931 of the State of California, ‘and any Act or Acts amendatory thereof; provided, however, that no sum shall be so withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Statistics and Law Enforcement of the State De- partment of Industrial Relations or by said Board of Directors. | 16. That the said second party and any subeon- tractor or subcontractors under it, shall not know- ingly employ or cause or allow to be empioyed upon the work, or upon any part of the work contem- plated by this contract, any alien, except in cases of 174 Siz Companies of California va. extraordinary emergency caused by fire, flood, or danger to life or property, or except upon public, military or naval defenses or works in time of war; provided, however, that within thirty (30) days after any alien is permitted to work thereon due to such an extraordinary emergency, the contractor doing the work, or its duly authorized agent, shall file with the Board of Directors a report, verified by oath, setting forth the nature of the said »mergency and containing the name of the said alieu and each date he was permitted to work, and failure to file the said report within the said time shall be prima facie evidence that no such extraordinary emergency existed. The contractor and each subcontractor shall also keep, or cause to be kept, an accurate record showing the names and citizenship of all workers employed by him in connection with the said public work, which record shall be open at all reasonable hours to the inspection of the Board of Directors, its deputies and agents, and to the Chief of the Di- vision of Labor Statistics and Law Enforcement of the State Department of Industrial ‘Relations, his deputies and agents. The said second party hereby agrees to forfeit to the said first party, out of any moneys becoming due to it from the said first party, under the terms of this contract the sum.of Ten ($10.00) Dollars for each alien knowingly employed in the execution of this contract, by it or by any sub- contractor under it, upon said work herein specified, for each calendar day, or portion thereof, during which such alien is permitted or required to: labor - Joint Highway District No. 13 175 in violation of the provisions of Chapter 398 of the Laws of 1931 of the State of California, and that the first party is hereby authorized and directed, through its proper representatives, to withhold and retain from the said second party, or from any sub- shall have been forfeited pursuant to this stipula- tion, as the property of the said first party, as pro- vided by Chapter 398 of the Laws of 1931 of the State of California, and any Act or Acts amendatory thereof; provided, however, that no sum shall be so withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Statistics and Law Enforcement of the State Department of Industrial Relations or by said Board of Directors. 17. That no laborer, workman or mechanic em- ployed at any time by the said second party, or by any subcontractor or subcontractors under it, upon the work or upon any part of the work contem- plated by this contract, shall be required or. per- mitted to work thereupon more than thirty hours during any one calendar week, except in cases of extraordinary emergency caused by fire, flood or danger to life or property, or exeept to work upon public military or naval defenses or works in time of war; provided, however, that within thirty (30) . days after any employee is permitted to work over thirty hours during any one ealendar week due to ' such extraordinary emergency, the contractor or its ” @uly-authorized agent shall file with the Board of eontractor under it, all sums and amounts which Ov Oe oe ee a Se 176 Siz Companies of California vs. Directors of the first party a report verified by oath setting forth the nature of the said emergency, which report shall contain-the name of said worker and the hours worked by him during said week, and failure to file the said report within the said time shall be prima facie evidence that no extraordinary emergency existed. The contractor and each sub- contractor shall also keep an accurate record show- ing the names and actual hours worked of all workers employed by him in connection with the said publie work, which record shall be open at all reasonable hours to the inspection of the, Board of Directors of the first party or its deputies or agents, and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents. The said second party hereby agrees to forfeit as a penalty to the said first party, ou’ of any moneys becoming due to it from the said first party, under the terms of this contract, the sum of Ten ($10.00) Dollars for each laborer, workman or mechanic em- ployed in the execution of this contract by said second party, or by any subcontractor under said second party, for each and every calendar day of each week during which said laborer, workman’ or mechanic is required or permitted to labor more than thirty hours in violation of the provisions of Section 653c-1 of the Penal Code of the State of California, and that the said first party is hereby au- thorized and directed through its proper represen- tatives, to withhold and retain from the said second Joint Highway District No. 13 177 party, or from the said subcontractors under it, all sums and amounts which shall have been forfeited pursuant to this stipulation, as the property of the said first party, as provided for by Section 653c-1 of the Penal Code of the State of California, aud any Act or Acts amendatory thereof; provided, however, that no sum shall be so withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Statistics and Law Enforcement of the State De- partment of Industrial Relations or by said Board of Diftctors. 18. That only materials and supplies substan- tially produced in the United States shall be used. In accordance with Chapter 226 of the Laws of 1933, only.such unmanufactured articles, materials and suppligs as have been mined or produced in the United States and only such manufactured articles, materials and supplies as have been manu- factured in the United States, substantially all from articles, materials and supplies mined, produced or manufactured, as the case may be, in the United States shall be used in the performance of the con- tract. If the contractor shall gail to comply with this provision of the Laws of 1933, he shall not be awarded any contract to which this act applies by the first party for a peridd of three years from the date of such violation. 19. That said Joint Highway District shal! not im any way or manner be answerable or suffer loss, damage, expense or liability for any loss or damage SE ass Yate SES: 178 Siz Companies of California vs. that may happen to said highway, highway tunnel, the appurtenances thereof, or any part thereof, or in, or about the same during its construction and before acceptance, and the s9‘d second party shall assume all liabilities of every kind or nature aris- ing from said work, either by accident, negligence or any cause whatever; and shall hold the first party harmless from all liability of every kind and nature arising from accident, negligence or any cause whatever; save and except in the event of damage to said tunnel, shaft or any other under- ground structure comprising a portion of the work to be performed under this contract, resulting from an earthquake, the second party shall not be liable for any expense necessary to restore such tunnel, shaft or underground structure to a condition equivalent to that which existed prior to the oceur- rence of said earthquake, in excess of the sum of Five Thousand ($5,000) Dollars; provided that the second party shull be responsible for and shall re- pair at its own cost and expense any such damage not discovered and reported to the District Engi- neer by the second party in writing within forty- eight (48) hours after its occurrence; and provided further, that such repair work directly due to earth- quake action discovered and reported as herein provided for in excess of Five Thousand ($5,000) Dollars for each earthquake, will be paid for as extra. work except for such portions thereof as:can be fairly classified under appropriate items of the contract, which portions shall be paid for “at the Joint Highway District No. 13 179 unit prices hereinbefore set forth; that no payment shall be made by the first party to the second party for Joss of time or extra cost due to delays_result- ing directly or indirectly from such cause. If com- pletion of the whole work is delayed due to earth- quake damage, an extension of time shall be granted to the second party as set forth in section 4 of the specifications. The term ‘‘earthquake’’ as used herein shall be limited to seismic disturbances recorded by recog- nized observatories in Northern California which have an intensity at the work of VII or more on _ the Rossi-Forel seismic intensity scale, and for the purposes of this proviso, any series of such seismic disturbances occurring within any one twenty-four (24) hour period shall be considered as a single earthquake. 20. The following rules and reguiations adopted by the Federal Emergency Administration of Pub- lie Works, (hereinafter called the ‘“Administra- tor’’) to carry out the purposes and control the Administration of Title II of the National Indus- trial Recovery Act, are required to be and form a part, of all ‘the construction contracts on projects to which a grant has been made under the terms of said Act, and a grant having been made by the United States under the terms of said Act to the project for which this is the construction contract, the same are hereby made a part hereof, binding on all parties to this contract, to-wit: OE A OAT RIE RD AAO LL ITED LOLOL RORY PRIMES. ts ee Te 180 Siz Companies of California vs. 1. (a) Convict labor—No convict labor shall be employed on the project, and no matefials manufactured or produced by convict labor shall be used on the project. (b) Thirty-hour week.—Except in executive, administrative, and supervisory positions, so far as practicable and feasible in the judgment of the Government Engineer, no individual directly em- ployed on the project shall be permitted to work more than 8 hours in any 1 day nor more than 30 hours in any one week: Provided, That this clause shall be construed to permit working time lost because of inclement weather or unavoidable delays in any 1 week to be made up in the succeeding 20 days. 2. Wages.—(a). All employees directly em- ployed on this work shall be paid just and reason- able wages which shall be compensation sufficient to provide, for the hours of labor as limited, as stand- ard of living in decency and comfort. Such, wages shall in no evext be less than the minimum hourly wage rates for skilled and unskilled labor pre- scribed by the Administrator for the zone or zones in which the work is to be done, viz: Skilled labor, One and 10/100ths ($1.10) Dollars; Unskilled labor, 45/100ths ($0.45) Dollars. (b) In the ‘event that the prevailing hourly rates prescribed under collective agreements or understandings between organized labor and em- ployers in effect on April 30, 1933, shall be above the minimum rates specified above, such agreed ete A OE Is SU NE, Oa I ee Ra oe 4 Joint Highway District No. 13 181 wage rates shall apply: Provided, That such agreed wage rates shall be effective for the period of this contract, but not to exceed 12 months from the date of the contract. (ce) The above designated minimum rates are not to be used in discriminating against assistants, helpers, apprentices, and serving laborers who work and serve skilled journeymen mechanics and who are not to be termed as ‘‘unskilled laborers.’’ (d) The provisions of this contract relating to hours. and minimum wage rates for labor directly employed on the“project shall for the purposes of this contract, to the extent applicable, supersede the terms of any code adopted under Title I of the Act permitting longer hours or lower minimum wage rates. (e) All employees shall be paid in full not less often than once each week and in lawful money of the United States, unless otherwise permitted by tue Government Engineer, in the full amount ac- erued to each individual at the time of closing of the pay roll, which shall be at the latest date prac- ticable prior to the date-of payment, and there shall be no deductions or rebates on account of goods pur- chased, rent, or other obligations, but such obliga- tions shall be subject to collection only by legal: process: Provided, however, That this clause shall not be construed to prohibit the making of deduc- tions for premiums for compensation and medical _ aid insurance, in such amounts as are authorized by the laws of the State of California to be paid by employees, in those cases ia which, after the mak- ene ee rey Set Ota a een Tye Stee ak” ee a 182 Siz Companies of California vs. ing of the deductions, the wage rates.will not be lower than the minimum wage rates herein estab- lished. “ (f) rs yeah vad aN Weis : ep EO ina A Baa aS | De ye Fc BS Aaa 188 Siz Companies of California vs. 10. (a) Inspection of records.—The Adminis- trator, through his authorized agents, shall have the right to inspect all work as it progresses, and shall have access to all pay rolls, records of personnel, in- voices of materials, and avy and all other data rele- vant to the performance of this contract. There shall be submitted to the Administrator, through his authorized agents, the names and addresses of all personnel and such schedules of the cost fof labor, costs and quantities of materials, and other items, supported as to correctness by such evidence as, and in such form as, the Administrator, through his authorized agents, may require. The submission and approval of said schedules, if required, shall be a condition precedent to the making of any pay- ment under the contract. (b) There shal] be provided for the use of the engineer inspector such reasonable facilities as he may request. In casi of dispute the Government en- gineer shall determine the reasonableness of the request. 11. (a) Reports.—Every employer of labor on the project shall report within 5 days after the close of each calendar month, on forms to be fur- nished by the United States Department of Labor, the number of persons on their respective pay rolls directly connected with the project, the aggregate amounts of such pay rolls, and the man-hours work, wage scales paid to the various classes of labor, and the total expenditures for materials. Two copies of each of such monthly reports are to be furnished to Joint Highway District No. 13 189 the Government enginee:, and one copy of each to the United States Department of Labor. The contractor under any construction contract shall also furnish to said Joint Highway District No. 13 of the State of California, to the Govern- ment. Engineer, and to the United States Depart- ment of Labor the names and addresses of all sub- contractors on the work at the earliest date prac- (b) Copies, in triplicate, of all pay rolls for work performed under this contract, whether done by the contractor or under a subcontract or other- wise, prepared on approved forms and certified under oath by the contractor or his authorized rep- resentative, shall be filed with the District Engi- neer, within five (5) days after the close of \each calendar month, showing the name of each em- ployee, the State and county of his bona fide resi- dence, the agency from which his name was ob- tained, whether or not an ex-service man with de- pendents, the class of work performed, the hours worked each day, the ttal hours for each calendar week, the total hours Yor the month, the wage rate -paid, the total amount earned, deductions for board and lodging, if any, and the net amount paid. » The pay rolls shall be divided into three (3) sec- _ tions under which shall be appropriately grouped: _ » (1) Executive, administrative and supervisory employees. ) » (2), Skilled labor. » (3). Unskilled labor. ay (th *t ¥ 190 _ Siz Companies of California vs. Each of these classifications shall be grouped separately and the totals for each group shown under the following headings: hours per week, hours for the month, amount earned, deductions and net amount paid. 12. Signs.—Signs bearing the legend Public Works Project No. 2231 shall be erected in appro- priate places at the site of the project. 13. All reasonable rules and regulations which the Public Works Administration may prescribe toward the effectuation of the matters covered by paragraphs 1 to 12, inclusive, shall be observed in the performance of the work. 14. Subeontractors.—(a) Appropriate provisions shall be inserted in all subcontracts relating to this work to insure the fulfillment of all provisions of this contract affecting such subcontractors, particu- larly paragraphs 1 to 13, inclusive. (b) No bid shall be received from any subcon- tractor who has not signed U. S. Government Form No. P. W. A. 61, revised (March, 1934). 15. Termination for breach.—In the event that any of the provisions of subdivisions 1 to 14 inclu- sive, of this paragraph 20 of this contract, are vio- lated by the contractor under the construction con- tract or by any subcontractor under any subcontract on the work, said Joint Highway District No. 13 of the State of California, may, subject to the ap- proval of the Government Engineer, and upon re quest of the Administrator, shall terminate the con- tract by serving written notice upon the contractor of its intention to terminate such contract, and, un- Joint Highway District No. 13 191 _less within 10 days after the serving of such notice such violation shall cease, the contract shall, upon the expiration of said 10 days, cease and terminate. In the event of any such termination said Joint Highway District No. 13 of the State of California may take over the work and prosecute the same to completion or otherwise for the account and at the expense of the contractor and/or such subcontrac- tor, and the contractor and his sureties shall be liable to said Joint Highway District No. 13 of the State of California for any excess cost occasioned said Joint Highway District in the event of any ‘such termination, and said Joint Highway District may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work, and necessary there- for. This clause shall not be construed to prevent the termination for other causes provided in the construction contract. 16. Definitions —The term ‘‘Act’’ as used herein refers to the National Industrial Recovery Act. The term ‘‘Government Engineer’’ as used herein shall mean the State engineer (P. W. A.) or his duly authorized representative, or any person designated to perform his duties or functions under this agree- ment by the Administrator. The term ‘‘engineer in- spector’’ as used herein refers to State engineer inspectors, resident and assistant resident engineer . 4nspectors, and supervising engineers, appointed by - the Administrator. The term ‘‘materials’’ as used erein includes, in addition” to materials incorpo- Paved in the project used or to be used in the opera- 192 Siz Companies of California vs. tion thereof, equipment and other materials used and/or consumed in the performance of the work. 21. The contractor shall comply with each ap- proved code of fair competition to which he is sub- ject, and if he is engaged in any trade or industry for which there is no approved code of fair compe- tition, then as to such trade or industry with an agreement with the President under Section 4 (a) of the National Industrial Recovery Act (Presi- dent’s Reemployment Agreement), and the said Joint Highway District No. 13 shall have the right to cancel this contract for failure to comply with this provision and may have the work called for by this contract otherwise performed at the expense of the contractor, and the contractor shall not accept or purchase for the performance of this contract or enter into any subcontracts for any articles, ma- terials, or supplies in whole or in part produced or furnished by any person who shall not have certi- fied that he is complying with and will continue to comply with each code of fair competition which relates to such articles, materials, or supplies, and/or in case there is no approved code for the whole or any portion thereof then to that extent with an agreement with the President as aforesaid. 22. Any person falsely certifying as to com- pliance as aforesaid who submits any such pro- posal, bid, contract, or subcontract, or accepts any purchase order, may be pwnished as provided in section 10 (a) of the National Industrial Recovery Act, by a fine of not to exceed Five Hundred ($509.00) Dollars or imprisonment not to exceed Joint Highway District No.13 , 193 six months, or both, and in event of any such false certification by any such person, any contract, sub- contract, or purchase order to which he is party secured by or in furtherance of any such proposal or bid may be canceled by the other party thereto, and the unfinished portion thereof completed at the expense of the person guilty of such false certifi- eation and his sureties, if eny. 23. Whenever a-dispute shall arise between any agercy of the said Joint Highway District No. 13, and any bidder, contractor, supplier or other person as to compliance with any code of fair com- petition or with an agreement with the President as aforesaid in connectionroken or shattered along or aear the line of dis- * placement. But it shouk not collapse as a bridge might whose piers were displaced, and it could be soning nieensiag deg bis :. congernprerulee® ee is hn alien tO alnseivs es = se ~ctenceieaaatia aia LLL LL LL LLL ALLO LLL LLL ALLL LIEN = ewe et eT ee Sea es rete 9 ‘ whew o_ pire «kcal tate —— PO Se a PEE OTT A AL RMS AS OID a a ta a seams ak has et fa Pg ck eens BROT RC BART POLINA TIE IES TE IE IS ELE TARE ES BEIM EAL ANA OR ; eee Spit gin NA Dr 3 + 222 Sie Companies (elevation 364.5 feet). The surface was “swampy’’, water stood in the hole a few inches below the surface, and for 33 feet down from the surface was a body of soft wet clay carrying only 15 - 30% of small rock fragments and sand, and yielding 70 - 85% of clay and mud. washings on mechanical analysis; A 50-foot-high road fill was planned to overlie this area. Such a load would probably cause the soft clay to squeeze out, and would give a slippery, soft, foundation for the em- _ bankment. The conditions shown in holes\E and F._ on the next. higher berm are only a little. better. In hole F water was struck at 4% feet add the _ material encountered was watersoaked all the way down (46 feet). There is a larger proportion of rock fragments than in hole 8. [87]. . Near and just below the “swamp” area toward the southwest valley side, water seeps out and is in part carried away from the fill surface in pipes. It has the appearance of spring water, possibly — * 228 Siz Companies of California vs. coming from the bedrock in the vicinity. With the idea of determining whether this water and the ‘‘swamp’’ water supply was entirely local and not from the reservoir, holes E, F, on the 370 foot berm, C at 382.7 elevation and G on the highest berm (399 feet) were put down. These holes showed that water passes through the whole dam continuously to the ‘“‘swamp”’ area. The free water surface in the holes was found, with reservoir water surface at 415 - 420 feet elevation, to be as follows: ‘Elevation, Water top of hole Surface Hole 7, crest of dam 434.8 391.0 G 399.0 380.0 C 382.7 375.7 E ¢ 369.2 368.2 F 370.2 365.7 8 (swampy area) 374.5 364.0 If a fill should be placed along the downstream slope of the dam, as originally proposed, it would be desirable to remove the soft clay and provide drainage for the water coming through the dam, and for any spring water that may reach the sur- face in the area involved. It is questionable whether it would be safe to remove 33 feet of soft clay unless the. reservoir and dam were first freed from most of their water. Tt might start a movement or slough- ing in that part of the dam that overlies the old stream trench, ° Joint Highway District No. 13 229 Conclusion. Surface examination and borings have disclosed conditions that would require special engineering treatment if a high road embankment is to be placed diagonally across Temescal “dam. Such treatment on the-one hand would incur expense _ that would offset a considerable amount of straight fill required if the dam is not used, and, on the other hand, would involve risk of seriously damaging the dam structure during construction of the embank- ment, -I.therefore advised that the road be routed -* below and clear of the main body ot of the lower berm area of the dam. Furthermore, I am of the opinion that with a high water surface in the reservoir, and leaving the dam just as it is, if a strong movement should recur on the Hayward fault in such a way as to shear the dam and subject it to the accompanying earthquake shock, or possibly even without the direct shear if a severe earthquake shock the dam, there would be danger of its failure. I would advise, therefore, that you arrange if possible for the maintenance of a water level in the reservoir as low as feasible, and that if the road crosses the valley, below the dam, the highway fill be constructed on the theory that it may possibly be\subject to the effeets of failure of the dam. The Railroad Crossing. On the northeast side of the valley of Temescal Creek the Savramento Northern Railroad runs par- allel to the volley and must be crossed by the new . ae ge 230 Siz Companies of California vs. road. The railroad grade is here in an open cut that lies between stations 50 and 52 and is about 23 feet deep along the center line of the proposed road. Sheared serpentine outcrops on the west side of the cut near the center line of the proposed road grade. To the southeast the cut is in rhyolitic detritus. This rhyolitic material occupies tle slope up to and beyond the ald tunnel road. Where it is in place, it shows general shearing. But most of the material of the lower slope is slide, talus, and wash from above. About 100 yards northwest of the crossing of the Pacific Gas and Electric Com- pany’s road over the railroad, serpentine comes in on the east side of the cut rising to the northwest until it extends upward about 35 feet above the track. It continues along the cut to its northwest end. On the lill slope above the cut a sheared greenstone overlies the serpentine behind a concrete __ wall, and is overlain in turn by the rhyolitic mate- © rial, the contact between the latter two dropping down to the southeast, so that only rhyolite is found in the southeast portion of the cut. Several times when examined, water was observed seeping into the cut apparently from both sides, but chiefly from the Northeast side, southeast of the end of the concrete wall. Again on a small flat north of Sta- tion 51 water seepage was observed. The railroad engineers must have had some difficulty with sliding or slumping in the cut, and protected it bra con- crete wall, by continuous drainage ditches on both Joint Highway District No. 18 231 sides of the cut, and a drain to a sewer with a per- forated metal p.ate at surface te take off the water which at times must be much more abundant than when I observed it. Any plan to make this crossing in the form of a bridge or viaduct supported by piers- or columns, would have to be carried out with great care and special precautions in construction and in draining, because of uncertain stability of the ground and the likelihood that the sheared serpentine would not withstand locally applied high stresses. One plan suggested, that of placing the railroad within an artifiicially constructed concrete ‘‘tunnel’’, on which the highway fill will be placed, the tunnel to be so constructed that the stress will be dis- tributed throughout a monolithic floor, and not locaHy concentrated, appears to me to be most suit- able to the ground conditions. Not only would the problem of satisfactory footings be solved, but the fill would tend strongly to stabilize the sheared and detrital material on the uphill side of the present eut. In any case, I believe it would be well to take appropriate measures to drain off the water that AFT PUN ARA AOE IRS DORE aE She GR AE the track. Toward the creek from the lower end of the railroad cut are evidences of an old landslide. A number of large trees are growing on the slide - material, and no noticeable action appears to have taken place since the trees were planted. This action may possibly have taken place at the time of _ 232 Siz Companies of California vs. the 1868 earthquake, 62 years ago, and still show the present tree growth. It may of course have been still carlier. Evidence of similar action on a small scale is found east of the railroad near the road crossing. If a heavy earthquake follows a wet sea- son during which the ground is well soaked it is likely to start slides at a number of localities, as was done by the earthquake of 1906. It is possible that in the future a heavy earthquake under like circumstances mighc cause slumping or sliding in this vicinity, and also further along up to Station 60, especially if steep-sided cuts are made in the rhyolitic talus and hill waste. Such an event is : to be considered as a rare occurrence as it depends on the concurrence of two unrelated factors one of which recurs every. few years and the other at much longer intervals. It might result in the slumping, sliding or rolling from the upper slopes, of earth and rock detritus onto the road. The chances are very slight that the roadway itself would be carried away. It may be noted here that along the Contra Costa County extension of the old tunnel road, such occurrences are not infrequent and take place after practically every wet winter without requiring the aid of any earth shock. While such action is pos- sible along this part of the road, it may be expected to be a very rare event. From Temescal Creek Crossing _.. to Tunnel Portal. Between Stations 53+20 and 59+90 a cut is planned. The material along this stretch is rhyo- Joint Highway Distriet No. 13 233 litie hill waste and detritus. The excavation is to remove up to forty feet or more of material and may reach rhyolite in place. The bottom of the cut will probably be entirely satisfactory for road- way foundation. The hillside slope of the cut will encroach on the old tunnel road which will have to be set back by means of a lateral cut into the hill, if it is to be retained as a road. If fairly firm rock is not uncovered in the hillside slope of the cut for the new road, this slope may be subject to slumping or sliding after wet seasons. After a short fill between Stations 59+90 and 606+40 the proposed grade crosses a spur in a cut between Stations 60+40 and 62+50. This spur shows outcrops of rather massive rhyolite and some soil. The rhyolite is somewhat sheared with a cer- tain amount of clay gouge in the fractures. The eut will propably expose rock over much of its course, and should be satisfactory for road founda- tion. Between Stations 62+50 and 65+85 the proposed road crosses Temescal Creek on a fill. While on the ~, upstream part of the right bank there is a consider- able amount of soil and hill wash, the downstream part exposes rather massive though somewhat sheared rhyolite. Throughout, underlying in part hill wash and a thin covering of stream detritus along the creek-way, in part exposed at the surface, is rather firm rhyolite. The foundation for this fill is entirely satisfactory, probably the best along the whole road. Pay ne ne Bab PS a RM oe Pay = 234 Siz Companies of California v8. Between Stations 65+85 and 74+95 is a long cut. The first 70 to 100 feet is in rhyolite as just described and then passes into Chico shales and sandstones. The contact is faulted and shows shear- ing, but there is no indication that this is an active fault or liable to any further displacements. The surface depression roughly between Stations 67 and Station 69 is due to general erosion in the Chico shales. These shales by their weathering yield a elayey surface which becomes soft and slick when wet. It is probable that the cut will remove most if not all of such material from the surface except along the deepest part of the depression. This deepest part of the depression naturally carries the bulk of the drainage from the higher slopes. Not much water is involved but in the past it has greatly softened the ground, and given rise to a spring and swampy spots. Care should be taken to handle the water and prevent a slick sliding- surface developing under the fill. The waste from this cut if used for fill on the creekward slope, should be placed where it will cause no trouble from its prepensity to soften when water-soaked. Beyond approximately Station 69 the formation carries ernsiderable sandstone with only subordinate shale, to about Station 70, then more shale to about Station 71, then more sandstone again. This sand- stone is light brownish to grayish when fresh, and while usually not a hard rock, should on the deep eut make a good foundation and on moderate slopes Joint Highway District No. 13 235 hold up well. There is some shearing in the rock. Most of the better developed fractures and shear planes dip back obliquely into the hill and would eause no practical trouble. Between Stations 74+75 and 76+10 the road grade is to be partly on fill and partly in cut. The fo ion between Stations 74+75 and 75+55 is chiefly shale, beyond this, to Station 77 is a mixture of sandstone and shale, more Ofpless broken up. With a considerable pro- . portion of sandstone fragments and blocks in asso- ciation with the shale, the clayey products of the shale weathering will act as a binder and allow satisfactory consolidation of the ffil, and will cause ‘no trouble if\the clay is not too abundant and, then, not unless it’becomes water-soaked. Insofar as the hill slope is steep, any part of the grade which in the same cross section is partly. on eut and partly on fill may suffer from a settling or sagging of the fill with respect to the rock in the cut. Where the fill is chiefly sandstone or even sandy detritus from the sandstone, if its base is well founded, such action will not take place. Shale or clayey fill ought not to be based on the steep slope. A test cut above Station 76+10 shows more shale than sandstone. If this is the prevailing condition in the slope of the road when made, it may be de- sirable to reduce the ‘slope to a lowex angle. Between Stations 76+10 and 794-76 the roadway is to be placed on a fill across a branch of Temescal Creek. It lies between two spurs of dominantly Sandstone formation. The only special point to . a a a es ” 236 Siz Companies of California vs. which attention may be called is that along the tributary streamway and for some distance up the right bank on the hillside to about Station 78+80 there is a considerable amount of clayey material. Fortunately it is on a rather flat slope, and does not appear to be so located as to be subject to water soaking if covered by a fill. Between Stations 79+70 and 82+40 the proposed road. is again in a cut, the rock is chiefly a mod- erately firm sandstone with subordinate shale. Con- ditions in general are satisfactory. Beyond Station - 81+50 the road will be partly in cut and partly on fill and the same statement applies as was made for the stretch between Stations 74+75 and 76+10. A reef of stronger sandstone crossds the cre¢k hetween Stations 83+50 and 85+10. Although it has suffered shearing, it is excellent Magan for eut or fill. Between Stations’ 82+40 and 87+50 the sian road again crosses Temescal Creek on a fill. Con- ditions appear to be entirely satisfactory. The cut from Station 87+50 to Station 89 exposes shale and sandstone badly broken up. It stands well on a steep slope when dry. If strongly water soaked, as after a heavy winter, it would probably show some slumping. The cut is not high, and the effect on the road would not be serious. The present fill taken directly from the cut, shows some settling and development of cracks. It is probablérthat the clay shale when originally excavated was more or Joint Highway District Nu 13 237 less wet from the winter rains and shows the result of drying and settling. If thoroughly settled and rolled and protected from water-soaking it should stand satisfactorily. — Between Stations 89+00 and 90+50 a fill is placed across a small natural drainage way. The fill about 30 feet high will probably be made up chiefly of a mixture of sandstone and shale detritus with asso- ciated clayey material. Reasonable protection from water soaking will render it entirely satisfactory. The underlying rock is shale. ~ Between Stations 90+50 and 93+50 is a cut in rather badly broken sandstone and shale. Sand- stone is dominant in the central part of the cut, with shale dominant towards the ends. Some fresh, hard, gray rock is found in base of cut. This cut has a kigher side slope than the one between Sta- tions 87+50 and 89, but will stand better, because * of the sandstone in the higher part of the cut slope. A fill over a small tributary lies between Stations 93+50. and 95+50. The statement made for fill be- tween Stations 89+00 and 90+50 applies to this fill. In the cut between Stations 95+50 arid 96+75, the _eentral portion is occupied by a hard sandstone reef. Softer sandstone and shale is found towards both ends of the cut. The high slope of eut is satis- factory and stable, and the material excavated makes a firm and stabie fill, : Upstream from this cut, sandstone is exposed ~about Station 97+-50 to 98+00, but beyond this-the 238 Siz Companies of California vs. bedrock appears te be dominant'y shale. It is poorly exposed. $ A long fill is proposed from Station 96+75 to | Station 106+50. It practically occupies the bottom of the creek valley. The grade of the original floor is not high, and the side slopes are moderate. Rock is only occasionally and poorly exposed, and is | apparently chiefly Chico shale with subordinate thin sandstone layers. There is a general development of clay especially in the soil. Between Stations 98. and 100. a tributary comes in from the north, and between Stations 103. and 105. is a low sloped coun- try which will normally feed water into the clay and fill in wet seasons. The lowness of this part of the fill and its stable position in the valley bottom, make such conditions Joint Highway District No. 13 2AT action and air slacking. In the Lafayette and Clare- mont Tunnels where water (a comparatively small amount) came down through sheared clays or clayey sands, a locally weak zone was produced that made weight on the timbers, or slowly pushed them in laterally. Such zones required special support. If such zones occur along the proposed tunnel line they are likely to be narrow, and not very serious. In the flood that occurred in the east portal region of the Claremont tunnel (flood water coming in from San Pablo creek), the water filled the tunnel and stood against walls and roof as well as floor. Por- tions of the roof slumped down, causing consider- able chambers-that ran 20 or 30 feet above the tun- nel roof line. A number of timbers slipped in later- ally, and in places timber sets collapsed before the water was all pumped out. I mention this to illus- trate the effect of water lying against an exposed surface of the formation. Along the proposed tunnel line conditions are very good from this standpoint, as no important source of underground water exists upgrade from the Orinda beds. It should be easy to prevent the water from the cherts working up into the Orinda region. During construction and later, the tunnel bore through the Orinda beds should be protected from possible influx of water from the surface drainage near the junction of the Tunnel Road and tae Fish A aay (called on map, Claremont Avenue tension). 248 ~§ # # #$Six Companies of California vs. As naturally exposed at the ground surface, the Qrinda formation slacks down into soil and gives very few rock exposures. It is also subject to land- sliding. Such a slide has taken place just below the chert contact and about 100 feet north of Station 134. Its movement has been northward away from the tunnel line. Another lies 50 - 100 feet south of Station 136 and has moved eastward. These are somewhat off the tunnel line, are superficial and have affected the ground for a depth of but 15 - 30 feet where the tunnel lies 200 or more feet below the surface. Landsliding in this formation does not take place when it is dry and normally occurs fol- lowing a rainy season, especially one of above the average precipitation. As the slope of the ground is fairly seep near the ea~* ~ortal, and as it may be steepened and otherwise disturbed during tunndl operations, the possibility of the sliding or slump- ing of this formation in the portal region should be kept in mind and guarded against. Support. I believe that in general this formation will stand well if reasonable care is taken in han- dling it, except near the east portal where the over- burden is comparatively slight, and the surface influence may have weakened or may in the future weaken the material sufficiently to require artificial support. Oil and Gas. As noted above, under the Mon- © terey Cherts, it is possible that some showings of oil and gas derived from the cherts may be encoun- tered in driving through the Orinda formation. Joint Highway District No. 13 249 Their occurrence in this formation is so irregular that their presence cannot be definitely predicted, but it would be well in driving the tunnel to watch for them and, in case their presence is noted, and they can be easily recognized in this formation, use care in blasting and have no open lights or flames. See further the.statement under Monterey Cherts. Tunnel Earthquake Relations. As far as we have any definite evidence concern- ing the faults that cut the proposed tunnel line, their movements were connected with a period of geological activity that is past. There is no field evidence, or evidence from history or from our seis- mographs that any movements have taken place along these faults in receni times. While the evic - ence is wholly negative, I believe that it is reason- ably safe to assume that no fault will by its move- ment cut or directly deform any structure that may be placed in the belt under consideration. That future movements will take place farther west near the base of the hills is probable, and it is also likely that the tunnel formations will be shaken by future earthquakes. The rocks should, however, stand sat- isfactorily even in the face of a severe shaking up by an earthquake, any weak near-surface stretches in the region of the portals possibly excepted. — Tunnel in General. ~ Im a general way the rocks and rock structures that would be encountered in the proposed tunnel sabi 250 Siz Companies of California vs. are favorcble from the engineering standpoint. The strata mostly dip at high angles and are intersected by the tunnel at a high angle to their trend. Such a condition restricts the widths of belts that may show local weakness or much water, and presents the strongest arrangement of the type of strata involved, and the easiest to dea] with in tunneling. Throughout the main belt of cherts, the rocks may be expected to be entirely self-supporting , indefi- nitely ; in the fault belt of cherts and im the Orindan, -with proper care in driving and handling, the rocks should stand well and be self-supporting except pos- sibly along certain shear zones which may require local reenforcement to withstand local pressure (not general weight). These statements do not refer to any measures that may appropriately be taken to prevent the detachment or tfalling of fragments or blocks from the surfaces exposed by the tunnel, but to general support of the mass of rock in the sides and roof of the tunnel. Near the portals the rocks will probably be found weak and will require positive support to prevent movement or caving. The question has been raised as to the relative desirability of a single larger tunnel or two smaller ones. The relative advantages in operation of the . finished tunnel or tunnels are outside the scope of this report. The geological aspect is related to con- struction and to the maintenance of the integrity of the fiffished structure. I do not know of any geo- logical considerations that would indicate that the ne, Joint Highway District No,13 251 smaller tunnels are feasible and a larger one not. It is certain that in cases where support is necessary or resistance to any possible earth pressure must be provided, the forces or stresses involved will be much greater with a larger tunnel and the problem of handling such conditions to that extent more seri- ous. I have at present no reason to say that the larger tunnel would be impossible or that it would constitute a risk that should not be taken. From the East Portal of Tunnel to Station 156+50. From the east portal of the proposed tunnel ‘to the end of the surveyed line Station 156+50, the formations involved are the Orinda, as described in the section on the tunnel, with comparatively thin layers of alluvium along and near the creek lines, and soil and hill waste on the slopes. The plan for the highway is shown on a blueprint of Joint High- way District No. 13 entitled Right of Way thru Apartment Estates Club of America Incorporated Property, and dated Sept. 1931. _ From Station 140+50 to about Station 147 the roadway will be sunk into the ground, in part cov- ered over (Station 140+50 and Station 142+19), in part open above (Sta. 142+19 to Sta. 147). The upper part of the cut will be in hill waste, soil and alluvium, the lower, at least along some of the dis- tance, in the Orinda formation. No special problem arises as the result of the geological conditions. Any - covering will have to be supported, and the side walls will have to receivé such thrust as is occa- 252 Six Companies of California vs. sioned by the seasonal wetting of the clayey ground. Only comparatively smail stresse.: are involved. From Station 147 to Station 156+50 the road is’ to be largely on fill with short stretches of cut on ' right or left. If the fill material is taken from the tunnel it will contain a considerable amount of clay in its make-up, becoming quite soft when water- soaked. As the fill will be in the bottom of the valley it cannot be subject-to any important sliding, and as its side slopes are at a maximum only 10 or 12 feet high no serious slumping is to be expected. The cuts made into the hillside affect but a small distance along the road: The Claremont Avenue Extension southeast lane between Stations 144+00 and 148+50, and the main road from Stations 154+ 00 to Stations 156+50. Insofar as these slopes may be in clay, they may slump onto the road after a wet winter, but they are not high and the effects will probably not be scrious. Between Stations 149+50 LG and 154+00 the old tunnel road grade protects the new road from any slumping from the hillside on the east side. .The only place where some recent slide movement was noted-is between Stations 149+ 50 and 151+50 along this east side stretch. om Respectfully submitted, ( (Signed) GEORGE D. LOUDERBACK, | Consulting Geologist. [Endorsement]: U. 8. Dist. Ct. N. D. Cal. No. 20101-R. Pitff’s Ex. No. 22. Filed April 13, 1938. Walter B. Maling, Clerk. By J. A. Schaertzgr, Deputy Clerk. 7 | — — 8A Joint Highway District No. 13 281 PLAINTIFF’S EXHIBIT NO. 62 February 9th, 1935. District Engineer, Inclosed find prints giving general idea of the method we propose using in concreting tunnels, Very truly yours, SIX COMPANIES OF CALIFORNIA. By T. M. PRICE, Project Manager. TMP :k , Copy RB [Endorsed]: U. S. Dist. Ct. N. D. Cal. No. 20101-R. Deft’s Ex. No. 62. Filed April 29, 1938. ' Walter B. Maling, eek, By J. A. Schaertzer, Deputy Clerk. q By Joint Highway District No. 13 313 PLAINTIFF’S EXHIBIT NO. 92 _ INDUSTRIAL ACCIDENT COMMISSION Ni State Building San Francisco April 16, 1936 Six Companies of California, 1522 Latham Square Bldg., Oakland, California Gentlemen: You are hereby advised that the order of this Commission covering the Broadway Low Level Tunnels, dated February 29, 1936, is hereby re- scinded, if the following conditions are complied with: 1. Driving may be continued in the upgrade tun- nel beyond the junction of the wall plate drifts to the East portal and driving may be resumed in the downgrade tunnel beyond the caved-in portion to the East portal, if a method is followed as presented by your drawing No. 119, dated April 10, 1936, which consists in general of installing 8 x 10 timber spreaders in each timber set and extending across the tunnel approximately 19 and 27 feet respectively above *%e finished floor of the tunnel; further by continuing to use excavation, equipment which may be operated beneath the lower spreader without - interfering with it. o~y : S| | 4 : | 4 % $14 Six Companies of California vs. The top spreader is to be installed immediately after the completion of the segment set. The lower spreader is to be installed immediately after the core is excavated sufficiently to allow this spreader to be installed. Two longitudinal timbers, 2 x 12”, are to be spiked to the top of each lower spreader to prevent bowing. Two sets of hangers, two to each set, are to be provided for both the bottom and top spreaders all as per detailed drawing No. 119. 2. A wall }late system for driving the tunnel will be permitted provided 12 x 12 plumb posts are installed under each segment set, tightly wedged in place. Batter pos ; may be used provided in plumb posts are installed immediately after excavation is done for such posts. The batter shall not exceed 6 to 15 from the vertical. Dowels shall be installed in each A segment and wall plate. (The dowel system will be accepted in lieu of placing the spreader at the wall plate joint.) The plates shall be blocked behind each segment set and shall set on a firm and even bearing. Provision must be made against undermining the wall plates by the Bagley system of excavation, and also against overshooting the side walls directly under the wall plates. 3. In addition to the Fire Bosses keeping the record of overbreaks as outlined under the Commis- . sion’s order of March 16, 1936, the Fire Bosses shall check the segment sets daily to determine if the Joint Highway District No. 13 315 wall plates have settled, thereby loosening the wedg- ing and packing of the segments. The contractor shall also make a daily check of the segment sets to determine if the wedging and packing is tight. If the segments are found to have become loose rewedging shall be done. 4. The core of the tunnel section shall continue to be sloped sufficiently to provide safety against caving ground to the workmen drilling lifters or similar holes. Very truly yours, (Signed) T. A. REARDON Commissioner (Signed) FRANK J. BURKE Deputy Commissioner. [Endorsed]: U. 8S. Dist. Ct. N. D. Cal. No. 20101-R. Plff’s Ex. No. 92. Filed May 5, 1938. Walter B. Maling, Clerk. By J. A. Schaertzer, Deputy Clerk. [160] s “~ ( Joint Highway District No. 13 pa NERS Oe PE ep PUR OTL SAO, 00'0#9'S 00489 00°02 oo'ges'T GL'TS0'82 00'022'9 GL Z2g'sT 00°60¢'T 00'0ST Pr'st 98°H0T 00°08 00°098'S G6LEST 8 =—«-sSOTLAGT. 00°92 00°00#'8 OLLes't 08 FEST OF LL2 00'088'98 sorsror ss'tgst. 00°598'8 00'0z9'8 ST'S8s Go'9PT'S 00°88 00'9%9'ET SGI _, £69098 00'S29'2 00'090'L22 OO TS9‘TE=" - 06'0F0'L6 OS" LLE*SE goosz'zz«—««00'969°S 00°6S‘ZT 00°S00%. 09'006'86T. OF LZL'8S 00 0ZE FIT 09°292'Ss 0007S L. 00°9L0'T 00'089'8 00'res'% 00°000°99 00°20¢'s 00°86T 00°00S‘09 00°009"0b 0001602 =: 000828 00'S TT 00°006'82Z $ Oszgo'esIs OgEzr'zs $ OOVEV'ES $ (tt) (1) jel omens 410 syeqser s0q?T \ \ VAILSa nites a : f ¥ we | #4 Se A, tale hy as Vv LIGInx® S.INVC my ‘MOWTATPGUS Yougy 407 soquy] (1) Supmoyg Pur “AOM JO SOReEID 10 SOATHORAS Tedjouyzg 070} PePLATPANS Pe | bugs sas Si a 37 welt) 4 aka inp cesta is) 2S GR aad Pra PERSSE GY F 4 Trin Neg Ze Eobie alee NS 3 . SE 'S9S HR e ot EEE toga Pig ee ee SOL TESS Bose ‘ - é ‘i Be wi ‘ 2 Fla i ‘a pisiiliebiaeeiaa SRNR NEF RIM MGT a ES oR eae | SST Co SS OED eaNdeg: ‘somsouyoy “y - To ‘A 19" M “BEET ‘ST Indy peng y 18 00009 . 00912 ‘8q] 000°9% > 00002 00°268'T =e 00'808 ‘spd "nd Ogg . 8 00°082'T 00°299 00°8¢S 00°06. ‘SU OFO Z~ 00'090'8 00°9IT'T 00°9L6% 00°896'E ‘ “Atl O0F'SI : 00°060F bLLOVZ = 9B 'ONE'T 00°2L2 : 00'S2I's 00'F66‘T 00°SL0'S 00'9¢ (Ht) (1) | % j a3 5 a i a sae Bau * - (penuyu0D) ¥ LIGIHXa §.LNVONGAaa rian 2s Cee | | ;: | Joint Highway District No. 13 337 DEFENDANT’S EXHIBIT D PRELIMINARY REPORT ON THE GEOLOGY | OF THE CLAREMONT TUNNEL | ’ Introduction The following report has been designed with’a | view towards forecasting in so far as possible the . nature of the rocks and rock conditions which will be encountered in driving the Claremont Tunnel. Scientific details are lar 2ly omitted except where | they have a direct bearing on the engineering prob- | lems involved. Special emphasis is placed on the “nature, hardness, and “standing ability”’ of the } tocks which will be encountered; on the thickness bf the various types of rocks along the line of the | tunnel ; on the location of faults of consequence; and _6n the possibility of encounteriyg water and’ gas. The data presented herein is based on field work ied out by the writer during April, 1926, Field rvations were chert peor ha mgt fol- wr HG Es ~ Seri eee © “Tion. Needless to say, imperfect ‘surface exposures fof the rocks make certain errors inevitable. Limits I: “ f error will, where possible,’ be indicated at: —_ D eee - 2 es ms = . ‘ aS o Fg tay? s Ue a | is By. eg tn, | Se at, SR {interpretation rather than to’ inaccurate loca- | — , URE i= Ee Re Bh tet UN” A AI APES 338 Six Companies of California vs. GEOLOGY OF THE CLAREMONT TUNNEL Sta, 0-to 66: v Thickness 6600 feet. . -Orindan desaetiens Com- posed predominantly of loosely , cementéd gravels — and sandstones, and some shales. These rocks are 3 part of the same group as ‘now éxposed in the west — heading (first 1100 feet) of the Lafayette tunnel, and may.reasonably be expected to show the same characteristics. | The relative abundance of~gravels, — sandstones and: shales will approximate the propor- ~ tions of these rocks shown in the Lafayette tunnel, © though a slight increase in the proportion of gravels may be expected to the westward. ~ These’ recks should. break and muck easily. Occa- sional slabs will break along the bedding planes, but with reasonable care such oversize breakage should be occasional: only. - | For. the first 1000 feet: the rocks: eiinthacaataiad te be rather badly. broken-due!to the thin back; the — cover being in.general:less than 100 feet through — this distance, averaging About: 50 feet. PROBABLY — -MORE'OR LESS TIMBER WILL BE RE- : QUIRED HERE. Beyond: Sta. 10, however, and especially beyond Sta. 19, the back rapidly thickens, — so: that: the solidity. ofthe rocks and HENCE — THEIR STANDING ABILITY. aHOLED CON- | SEQUENTLY INCREASE.) or. : Sis uiachblasistict tatdhhenkAcbecmeiniieed ; between Sta. 0 and 66, though some seepages will — undoubtedly be met .with. 3 é og doing Highway District N-.. 13 339 ) Minor, faults «may ‘occur: within this zone but should cause no: difficulties. No surface evidence exists to suggest the presence of any pronounced faults cutting this part of the. tunnel, except possibly in the vicinity of Sta..23...Due to a thick cover of brush and poor exposures, the Surface -evidence-at this place is not conclusive}... ~The Orindan formation, is folded into:an anticline (arch), the crest of which oceurs between Sta, 42 and 50. (See section.). Due.to. variable thickness of the formation, the base of the Orindan. cannot be definitely. determined here, so.that .a possibility “ exists for encountering older underlying, rocks .be- “tween the above mentioned stations, The.nature of these cannot be forecast. The writer is of the opinion however that the. base of the Orindan. will not be ‘penetrated, the tunnel remaining entirely.. within J yp formation. a i: he lesation, ofthe western; limit. of, the-Orindan : (Gta, 98 is probably accurate within plus oF mina Bla 66 to 58+50 _'"Phickness 2250 feet. - Composed’ slsciblly ie ‘of lava flows with some interbedded fragmental vol- tanic ‘material (tiffs and egglomerates) and eb a “ona lavas ‘(chiefly andesites) consist od Hits y ch are both hard and tough. Perey ite ‘Setween ‘Sta. 66 and 88 will ‘be of this nature THESE ROCKS ‘WILL PROSRELY ‘STAND Saw Siz Companies of California vs. WITH A MINIMUM OF SUPPORT, BUT DUE TO JOINTING MAY’ TEND TO BREAK ‘Intereolated with the lavas, a certain amount of position of such layers cannot be accurately’ pre- dicted, Such material, if encountered, may be only slightly softer than the lavas themselves, due to the contained lava fragments. A gravel horizon occurs interbedded with the lava flows. The gravels are entirely similar to the gravels present in the Orindan formation. Approximately 200 feet of gravels should be encountered (about Sta: 68 to 70) after the first 200 feet of lavas have of gravels encountered may be modified by faulting. The same gravel horizon, probably not over 100 feet : thick, should again be encountered about 150 feet from the’ western edge of the lavas (Sta. 86 to.87). baat ig athe Nidan maleate os: ness here cannot. be determined exactly. 34 : a i ig ag Seay gy ep should be encountered at about Sta..68.. This fault cannot be located..on the surface closer than about 200, feet; nor can its dip be accurately determined, other than that it is steep to the east. In conse- quence the indicated antersection with the tunnel . may, be in error by several hundred feet. The inter- section was obtained using a strike,of N..12 E., and a.dip,of 80 degrees.east for the fault, 7 Joint Highway District No. 18 341 _(‘bundant water ia; be expected from the lavas between Sta. 66 and 88. This question will be dis- eussed later under the heading ‘‘Water Problems’’. The western limit of the lavas, Sta. 88 plus 50, is located with a probable accuracy of about 100 feet. Sta. 88-+50 to 108. Thickness 1850 feet. Orindan formation. ‘The same group of rocks as oceur between Sta. 0 and 6. THE CONDITIONS HERE SHOULD BE E SIMILAR EXCEPT: THAT THE ‘ROCKS ARE PROBABLY MORE PREDOMI- NANTLY LOOSELY CEMENTED GRAVELS. LITTLE TIMBER SHOULD BE § RE- QUIRED SINCE THE ROCKS SHOULD waa No great amount of water should | x 108-118. _, Thickness 1000 feet Claremont cherts. Consist t thin layers (one to three inches) of hard but e cherts, interbedded with thin (4 to % : a ee ee oa layers of shale. A few beds of sandstone & 342 —=«-_ Siz Companies'of Californiavs. The cherts are bounded on the west (Sta. 108) by a major fault line. ihe fault. is located. with «: _ probable accuracy of 50 feet. : Sta. 118 to 171+50. Thickness 5350 feet. Chico canaiibenia’ Compara- tively soft compact massive sandstone, with only occasional thin beds of shale and gravelly sand, These sandstones should drill; break and muck éasily. Whey should contain comparatively little water, though occasional seepages may oecur, Where dry these’ rocks should stand well and require little support. Due to the massive nature of the beds, slabbing should be infrequent. Altogether this group of rocks would seem ideal for tunneling purposes, The western boundary of the Chico sandstones is a prominent vertical fault. Under ordinary con- ditions this fault could be accurately located on the surface. Unfortunately the surface chere is 4 closely built up section of Claremont, and in con- sequence of the houses, gardens, and other surface improvements, the position of the fault may be in error by as “much as 200 feet. , Sta. 171+50.to 180-+60 (Portal). Thickness 910 feet. Largely if not ontiniie, silica carbonate rock. This rock when fresh is of moder- ERS.EASILY AND. MAY BE-MORE OR: LESS _ SOPTENED,. DECOMPOSED AND BROKEN UP. Joint Highway District No. 13 343 Silica-carbonate rock is well exposed between Sta. 181 and 184, but no exposures oecur between Sta. 171+50 and 181, due to surface improvements, houses, gardens, etc. Silica carbonate rock may occur through this interval, or its place may be taken by Franciscan sandstone, a moderately hard, tough rock where solid and fresh, but inelined to be rather“highly sheared and fractured near the surface. ERING WILL PROBABLY BE™ REQUIRED THROUGH PART OF THIS Dis- TANCE SINCE THE BACK IS NOT GREAT. Gas Problems. Eirough two portions of the tunnel all precau- tions should be taken to, gnard: against: gas. Sta. 108 to 118. The Claremont cherts between these stations be- longs to the formation which is the source of much of the oil in California. The cherte of. this belt, even on the surface, have an appreciable bituminous odor. While the structure here is not favorable for ‘the sccumulation of great quantities of gas, it is practically certain that some gas will be en- = It will be recalled tad tha ledaen Wha’ ob curred in the San Pablo-Wildcat tunnel of the East oj Water Company a few years. back et od4 Siz Companies of California vs. Sta. 42 to 50. tis Higay's \ilbiailin Ati iae Ss raaieliaRe bea neal the Orindan formation, are not in themselves a source of gas. But. the structure of these rocks be tween the stations indicated is favorable for the. accumulation of gas in quantity. The tunnel cer tainly passes closé to the base of the Orindan, if it does not actually penetrate it. The rocks beneath the Orindan (nature not determinate but possibly the Claremont cherts) may be looked upon as potential source of gas. If conditions are such that gas does occur as high up as the tunnel, it might well occur in quantity, while the occurrence of. gas here is purely a hypothetical condition, it is a pos- sibility which should certainly be guarded against, Water Problems Sta. 66 to 88450. Water in quantity need not be expected except between Sta. 66 and 88. The lavas, the predominant rocks between these stations, are prone to be tra- versed by numerous fractures, the result of folding and also shrinkage on cooling. The rocks therefore tend to contain numerous open waterways. The interbedded fragmental volcanic material likewise tends to be porous. 3 The structure between Sta. 66 and 88, that of & syneline or basin, is decidedly favorable for the aecumulation of water, diverting all the surface drainage of the area underlain by the lavas te : the trough of the fold. Joint Hightoay District No. 13 945 It may be pointed out that the wells of the East Bay Water Gompany in upper’ Wildcat Canyon, also the numerous’ springs Which occur on the “east slope of the range (Sta. 50 to 60) derive their age tl i sit is yo Ievas which may, be expected in the tunnel may be ‘expected to have ‘some effect on the ultimate pro- ducing capacity of these springs and wells. * Water derived from these lavas in the tunnel may be expected to be quite, free, from surface pollu- tion, and might well be added to the water supply of the Utility District. | Faults ° - © Three important faults will be intersected by the ~The tunnel will cut Pinole fault at Sta. 68 (pos- sible error of location 200, fest). The movement on this fault, which dips steeply to the east, has been uch that the cist side ‘hat moved tip and south “with respect to the west sidé. ~ The tunnel will cut, the Wildeat ‘falit;” whitch ‘@gain appears to dip’ steeply to fhe -¢ast;*at about ‘Bta/ 108, This. location is. probably aecurate to: 50 > salve east side of the fault appears to be the I sero vih ct taise gene, online “Vertical fault at about Sta. 171+50..The possible “@rror of location of this fault may be.as much as 200 feet, The direction of movement on this fault is ane © Pe oe bh 7 ON eR nk tn Ene: ance ee an fared Tie Ne FOES RRL Fe POR ey Be Reet Be AE age ET 346 —«- Siz Companies of Californias. iSummary of Geology: of Claremont Tunnel. 4 (oe SF heat ey | Thtckmees ral. (seme fain ¥4 ; i2 0. 6, -v 1p) 6600, , Gravels, sandstones and shales | “thas iallctde A a Seah btteied I ee Baws Meng oh ie ae e 6 tah Ai ian th Sgt shi 88-450 - 108 1950 Gravel, Orindan formation. 108 Sins) 1000' “Claremont cherts. 118 me Wildcat ¢ (ft Ate | 118 — 171+-50 5850 . Chico standstone. “ | Bd * (Bignsd). CHARLTON D HULIN, ‘University of California, ‘> Berkeley, Calif... twa Wie aeih kT oe “[Bndoreed): 0. 8. Dist’ Of ND. Cal No 20101-R. . Deft’s: Bx. No. -D. Filed April 20, 1998 at + engea tT sEre tre veer Sga8 Eat h NE fe | iti 3429 fx Diiiversity of California,’ piesa ee Berkeley, Cal. Sas My dear Professor—In the following summary of ! itions and methods used in meeting them, in excavation of the Claremont tunnel, I have en- deavored to give Station numbers where I had such . in my possession; otherwise set numbers. * It has appeared to me to be better for me to follow the order of progress rather than that of ioni although that involves working against the station numbering. “We encountered a small. amount of water after "penetrating about twenty feet from the west portal, but the ground was firm enough to avoid spile driy- Baap pial 350 Siz Companies of California vs. tended for approximately one hundred sixty-five feet. There was some clay in the sand and gravel convent; but the standing condition was favored by an overlying strata of almost pure clay that almost | followed to line of top of cap. _ When we passed thru this, we encountered about twenty feet of a rather easy breaking reddish rock - that required light blasting, but offered no unusual difficulties. The contact beyond.this formation was a sort of ‘‘gumbo”’ that mined easily and stood well for a short period, when swelling began and it was nec- essary to relieve pressures wherever possible to, prevent breaking of the timber. In some cases this corrective was not sufficient, and retimbering had to be done intermittantly for about eighty or a hun- dred feet. This heavy, constant pressure gradually lessened as we proceeded with our excavation. bt to station 164, plus 00. At that point we encountered better standing ground, that offered no unusual difficulties. Slight quantities of water was encountered at intervals up to about station 160, where the shale began to show the presence of,gas in small quantities. The gas in- creased slightly as we proceeded forward, being most noticeable where the shale formation was broken with aoft sandstone carrying a small quan- tity of water. > ‘The shale worked easily and stood well for ra short period, giving us time to erect six foot sets after mucking out, the spiling v was s placed immedi: ately after’ — Joint Highway District No. 18 351 At set 636 a run of small particles of compara- tively clean sandstone, foreed out by a quantity of water sufficient to flood the tunnel to a depth of a foot for a distance of several hundred feet occurred at the end of the spiling just as preparations were being made to erect the set. About three hours there- after there was a gas explosion that injured a num- ber of workmen. It appears that the gas ignited as it was entering the tunnel, because the flame con- eentrated about the point from which the run came, and appeared to have pressure behind it. ’ Prom that point forward gas and water appeared together when the disintegrated sandstone was en- countered, tho in lesser quantities. A year or so after having passed thru this forma- tion weight began to show in the vicinity of sets 330 to 345, and 562 to 586, 619 to 634, 816 to 823, 984 to 1002. Relieving sets were erected to hold the “At station 123 plus 31 to 121 plus 91, from whence we merged from the Chico standstone section as noted by Mr. Hulin, to the Chert, conerete invert and arch were poured to take care of a ground swell and éohsequent weight, and to act as a deterrant to a spread of fire if oil were encountered in the cherts. "We had made it a plan to stop excavation and — pour invert whenever water of: sufficient quantity was encountered to make track maintainance and train operation diffealt. As @ consequence the in- Vert was concreted to station 121 plus 91 when we attacked the main body of chert. — . 352 Stz Companies of California vs. When excavation was resumed at the last named station we began to feel pressure oa our right. We had proceeded about, ‘twenty-four feet when the pressure became so great that relieving sets were erected to support regular four foot sets. Suddenly water broke out alongside in a quantity of probable two hundred gallons per minute, and the pressure was relieved. ht catst ttt eenetatenedalieee festa belle broken chert formation. For a few hours our pumps, having a rated capacity of eight hundred gallons could not handle it: This reduced in quantity to five hundred eighty gallons within seven hours, when the reduction apparently ceased. It was necessary to drive spiling and erect breast boards from this set 1052, when -the chert showed a tendency. to Blasting was permissible then to set 1054 when we again encountered water and badly broken chert, forcing us to again resort to spile driving and breast boarding. At set 1064 we again reached former ground whieh permitted blasting until set 1065 was reached when a further addition of water and bad ground forced spile driving again. At set 1069 we appeared to have found better going, tho we. had later on to erect spiling before blasting the lower part of the face. ulcer rece ahah point of set1085 was reached, _. From there on. until the chert was pasied.. ths ground progressively stiffened, and some heavy blasting was necessary to break the vertical. chert Joint Highway District No. 13 853 ‘Timbering was spaced up to a distance of twelve feet between sets where ground was standing well. At sets 1136 to 1139 we later had to erect two re- lieving sets. | e@undeddly speaking this vedtion) chert did tint take weight after we passed thru it. © Very little oil was found in the chert, and such as was observed was more apparent in the slippery sand followirig the water, which generally showed in the broken formation as we approached nearer the firmer cherts. ’ Leaving the chert we entered the Orindan, which ‘was very firm and hard to break, as was the ce- mented gravels that fre juently appeared. ‘These ma- terials gradually grew softer as we left the chert behind and approached the lava. ‘Most of the oil and oil gas we encountered was found on the contact of the orindan with the cemented gravel. As we approached nearer the lava the gas decreased and the gravel increased, with water dripping in in- creasing amount. The orindan’ section, generally stood well under six foot timber spacing, but broke blocky, and did not muck well. One mueker man expressed it that it was like mucking wool. ‘When it was apparent we were approaching near to the lavas and water began to show evidence of decided increase, we discontinued excavation long enough to bring our conerete invert to the then face. ~ On resuming mining, our second shot .bronght us into the lava. The contact was reasonable soft, but the ground stiffened to such an extent that we found EB OOO EEE EE ee 354 Siz Companies of California vs. it advisable to discontinue the use of jack-hammers and proceed with leyners, The ground drilled well and broke wel) and, tho containing some water, gave promise of continuing leyner ground. At station about. 89 plus 00 one of the shots in the right breast penetrated a volcanic ash deposit lying in a suffi- ciently loose state with a large amount of water, that within three hours the face had broken im ‘against our efforts to hold it and the ash ied with a flow of fourteen hundred gallons of water per minute partly filled the tunnel for a Gistance of sixty feet before a sufficient bulkhead to hold it could be erected, The pressure exerted longitudi- nally forced collar braces from one and one half inches to complete penetration of some of the eight by twelve timbers. The ash surrounded the sets so that none of them were completely knocked down. . We dropped back to Station 94 plus naught eight to 94 plus forty-eight where we had encountered very heavy swelling ground and had found full cirele sets at two foot spacing, constantly relieved, while awaiting stability of the volcanic ash section, and hoping, in the meantime, that water, pressure would reduce. The quantity dropped to nine hun dred gallons, and it appeared that it might be cut off from the main tunnel by a short drift to our right, which then appeared the direction of the supply. This drift materially. relieved the pressure at the face for a few feet and allowed us to excavate the oe we reidGT ~~» ~— Y-wF cr ir be ce cee al a ea FS rT ow FP eT ee eS ee Tv Joint Highway District No. 13 355 However, when we erected our breast boards and ‘began to press forward we found the main water supply was coming from a point forward, and ap- parently in the line of bore. As we drove our spiling, each one a couple of inches, until a penetration of six to eight feet was accomplished, we attempted to open a small hole in the b board at the last. set and advance a new one four feet ahead., This often took hours, as the runs of fine ash with an ever in- _ Neseaing quantity of water made it almost impos- ‘sible to make the slightest opening in our former breast boarding. We gradually advanced a small -board on the end of a stull to a point four feet dis- tant. This was our most difficult*feat, and the new ' breast board, however small, would aid in stiffening the new . The next board, also advanced at the end of still was then placed, after many at- tempts, each stull being nailéd to the eap of the last set. When two feet of new breast was well boarded, the new breast boards were put in at an elevation lower than the old breast board four feet back so that the fine material could not flow out during ihe placing of the new board. During all of this time we had run after run of fine material, that it took all our efforts to check—tho the total losses were never enough to cause much of a void overhead, or permit a sudden drop of material. When the new. breast board was completed two feet down, one or the other of us would creep over the old breast board and: place the next lower new board. This sometimes re- @ilted in hasty retreats and near strangulation as 356 Siz Companies of California vs. the runs and water attempted to engulf its intended victim ; and on at least one o¢casion emergency pull by the remainder of the men present saved burial. After getting thru this ash deposit, holes were made in the overhead spiling, sufficiently large to loosen and eause to run such overlying fine material as was necessary to bring large boulders that showed evidence of being there, down on the top of the spiling to forestall a possible future run and drop of material that might cause a collapse of the tim- © bering and resultant trapping and drowning cf the crew. These boulders now rest on the timbering and act as a reinforcement against a drop of others. | We encountered an ever increasing quantity of water unti! three thousand nine hundred twenty gal- lons -per minute were measured on the wier. As we proceeded we encountered new flows, and the area left behind, gradually and fairly rapidly, decreased. Spile driving and breast boarding were again nec- essary in broken formations carrying large quanti- ties of water at sets 1612 to set 1606, Stations 82+-92 to 82+82, 82+06 to 81+-75, 80+14to 79+84, 78+06 to 77+79, 76+28 to 76401, 74+98 to 74+55, 75+52 to 75+27, 78+25 to 72+74, tho at no other point than the one in vicinity of Station 89+00 did we | have runs that we found it diffieult to control. In some of the latter breast board places we could advance cur spiling with coal picks and moils, and breast board as we pulled the muck away from — the face. At other times we could breast boftd half — way down the face and lightly shoot the toe to make — te at + rab * Sa i~ Joint Highway District No. 13 405 We have nothing to do with how the tunnel is de- signed—right or wrong—but the safety of the men working there is what we are interested in. We have Mr. Reinhardt here, who is an engineer of this Commission, and he has filed a report with the Secretary, Mr. Burke, which I will ask that Mr. Burke please read. ~ Mr. Burke: This is an inter-communication from the Department of Safety, dated San Francisco, September 19, 1935, addressed to the attention of’ Mr. Reardon, Director, Department of Industrial Relations, subject: ‘*Broadway Tunnel,”’ ‘As per your telegram of September 17th, I ' made an inspection and survey of the Broadway Tunnel this date and found the following condi- tions: : | ‘There is approximately 1800 feet of full sec- tion tunnel which is timbered and I would esti- mate that 75 percent of this timbering has to be removed and set back in order to clear the forms on Design A, the original design, before concreting can be done. ‘The investigation of the cave-in on August 28th, in which three men lost their lives was the result of moving back one of these timber sets. As far as my investigation could determine this work was being done in a careful manner ac- cording to standard practices and the cave-in therefore was not the fault of the mechanical © operation, but due to a peculiar formation in it AERA Ete Dat Gates Pata oa ved Hs oe 1h Na Fveine. dei kang So 19th. It is entitled: ‘‘Preliminary—Joint Highway District No. 13, State of California, Alameda County,.Contra Costa County—Modification, Type A Section,’’ and I would like to have Mr..Roggs, for the purpose of the record, read a statement which has been prepared, respecting this plan and the man- ner in which it is offered, as a proposal. Mr. Boggs (reading) : ‘‘The recommendation for a modification of the plan for the Broadway Low Level Tunnel which follows, is made solely because of the delay of the Contractor in placing the perma- nent reinforced concrete tunnel lining in the portions of the tunnel bores which have been excavated —— Mr. Tinning (interrupting): Excuse me. I should state in making this statement, we do not want to be put in the position that our silence may not be construed as an omission. We want to just Pare eg 7 Joint Highway District No, 13 411 state our position in connection with offering this plan—but we waive no rights. Mr. Reardon: Mr. Tinning, we always carry - our meetings on as an open forum, so that any one who has ideas on safety—we will allow them to speak on that subject. Mr. Tinning: Thank you. Mr. Boggs (reading): _ “The recommendation for a modification of the plan for the Broadway Low Level Tunnel which follows, is made solely because of the delay of the contractor in placing the perma- nent reinforced concrete tunnel lining in the portions of the tunnel bores which have been excavated, but not lined with the permanent lining called for in the plans and specifications. ”’ Mr. Thelen (Interrupting) : Reference is made to the delay of the vontractor. We do not concede , th&t there has been any unreasonable delay of the contractor. It seems to me that the only thing the Commission is interested in, is the safety.and what shall be done to make safe conditions. ‘Mr. Reardon: _ This is an open forum. You peo- ple realize I was President of the Board of Public Works, and I carried on the work of public works ‘in the same manner, as I am now, with the assistance of Commissioner MacDonald, and Twill allow Mr. Tinning to submit his evidence. _ Mr, Tinning: I am not asking that anything be eonceded. We only want our definite statement as to our position, as an excess of precaution. We ‘ ’ ie 4 3 * satunenitemsinenibined -temetnetinenentnaaes ro SEES eo, eee ats RR hak SSD hie este COTA ed. ce 412 Siz Companies of California vs. waive nothing in connection with this plan. We are simply trying to state our position, not trying to put it to the side. “¢ Mr. Thelen: I may suggest that if references of that kind are made, we may have to introduce evi- dence tc show that the references are not justified. We do not admit there has been any delay. Mr. MacDonald: I hardly think we will rule on the statement, but we will recognize and are com- pelled to recognize Mr. Thelen’s right to file with this Commission any supplemental statement he may desire, setting forth the position of his clients. Mr. Thelen: I think that is very very fair. Mr. Boggs (Continuing reading) : ‘*These open sections of the tunnel bores are supported by temporary timber supports which have been generally intruded into the space necessary for placing the permanent tunnel lining in accordance with the Plans and &pecifi [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386402_0004%3A08. Public record. Not legal advice.