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1951-1902a` V RESOLUTION NO. 1 geZ A RESOLUTION OF THF City Council OF THE CITY OF ANAHEIM FINALLY ACCFPTING THE WORK AND COMPLETION OF UNIT III OF THr' MAGNOLIA TRUNK S7vT AND PUPTPING PLANT AND FoRC PAIN OF THF (RANG_T' COUNTY JOINT OUT FALL S ER ON TH TFR1 S AND CONDITIONS HERE INAFTFR SFT FORTH, AND ATTTHORIZING THE CITY OF ANAHEIM, AS CONTRACTING AGENT F ^R T77 CITIES OF ANAHEIM, FULLFRTON, AND ORANGE', AND FOR THE BUENA PARK, GARDT''N GRoVF, LA HABRA AND PLACFNTIA SANITARY DISTRICTS, Tfl FILE A N ^TICF OF COMPLETION, AND AUTHORIZING THE' PAYMFNT OF THF BALANCE DUF THF CCNTRACTrRS IN A C ORDANCE WITH THF CONTRACT DfCUMrNTS IT'D UPON THETFRETTS AND :CORDITI ONS HFRT'I_ T PFCIF'ITTD. WFPTRFAS, a contract was heretofore made and entered into on the 26th day of January, 1951, by and between the City of Anaheim, a municipal corporation, as contracting agent for the Cities of Anaheim, Fullerton and Orange, and for the Buena Park, Garden Grove, La Sabra and Placentia Sanitary Districts, pursuant to Resolutions theretofore passed and adopted by said Cities and Sanitary Districts and Charles T, Brown, doing business as Charles T. Brown Company, and Paul Vukich, Jr., doing business as Paul Vukich Construction Company, a joint venture, for the construction and completion of Unit III of the Magnolia Trunk Sewer and Pumping Plant and Force Main and Pro- ject, together with the appurtenances thereto of the Orange County Joint Outfall Sewer, all in accordance with said contract and other contract documents; and WHFREAS, said contractors deem all work under said contract for the construction of said Unit III to have been completed in accordance with the contract documents, except that portion of Manhole I, Bid Item No. 37, shown as Valve Box B, and the connecting 16" x 16" x 12" C. I. all Bell Y- Branch, together with the necessary cast iron pipe, concrete thrust blocks, labor and equipment to make said Manhole I Complete and in accordance with the plans and specifications and also the construction of Mahole J, Bid Item No. 38, and have notified the Chief Engineer of the said Cities and Sanitary Districts of such completion; and -1- WHFRFAS, said contractors have requested said Cities and Sanitary Districts to finally accept the work and the completion of said Unit III of said Magnolia Trunk Sewer and Pumping Plant and Force Main upon the terms and conditions hereinafter set forth, ex- cept as to the materials, labor, and work to be furnished to complete said Manholes I and J, and as to those items have offered to enter into an agreement to complete them whenever so requested by said Cities and Sanitary Districts through their contracting agent, the City of Anaheim; and ?nrHFRr'AS, said Chief Engineer, Nat H. Neff, has notified said Cities and Sanitary Districts that he has made and completed a final inspection of the underground pipe and manhole structures in Unit III of said Magnolia Trunk Sewer and Pumping Plant and Force Main and has certified that there are twenty -four (24) joints of pipe that have cracks of varying sizes and lengths therein; and WF FRFPS, said contractors have agreed to repair said 24 joints.of pipe that have cracks therein and any others that may occur in any portion of the line not heretofore repaired, at their own expense, upon condition that the Cities and Sanitary Districts will finally approve and accept the work and the completion of said Unit III, with the exception of the completion of Manholes I and J, and pay to the contractors the balance due them as provided in the con- tract documents, except the sum of 4 '928.00, which they are to receive for furnishing all the materials and labor and doing all the work necessary to construct and complete said Manholes I and J, herein above mentioned; that said contractors have agreed that the said sum of c928.00 may be withheld from the amount due them until the completion of said Manholes I and J, together with the appurtenances thereto, and the performance by the contractors of all of the con- tractors' obligations with respect thereto as provided by the plans and specifications and in said contract dated January 2E, 1951; and WHEREAS, the Chief Engineer of the Cities and Sanitary -2- Districts has notified the City of Anaheim, as contracting agent for said Cities and Sanitary Districts, that he has made and com- pleted a final inspection of the underground pipe and manhole structures in Unit III of said Magnolia Trunk Sewer and Pumping Plant and Force Main, and has certified in writing that all pro- visions of the contract for the construction and completion of said Unit III have been fully complied. with to his satisfaction, except as to the repair of said 24 joints of pipe hereinabove mentioned and the completion of Manholes I and J, and that he has made a final and complete estimate as to the value of such work done and materials furnished, and has certified the same to the City of Anaheim, and has further certified that said work was done and said Unit III completed, except for such repair work and said Manholes I and J, on the Anaheim 15th day of December 1951; and WHFRTAS, the City Council of the City of finds and determines that said contractors have completed said Unit III in accordance with the provisions of the contract and contract documents, except for the repair of said 24 joints of pipe and except for the completion of Manholes I and J, and that said work should be finally accepted upon. the terms and conditions herein specified and a Notice of Completion filed as soon as said repair work is completed and the payment of the balance due said contractors, except the sum of x'928.00, be authorized in accordance with the contract documents and the terms and conditions set forth in this Resolution, NOw, THFRFFCRF, Br IT RITOLVFD by the CITY COUNCIL that all of the work and OF THE CITY OF ANAHEIM completion of Unit III of said Magnolia Trunk Sewer and Pumping Plant and Force Main of the Orange County Joint Outfall Sewer, together with the appurtenances thereto, by Charles T. Brown, -3- doing business as Charles 1 Brown Company, and Paul Vukich, Jr. doing business as Paul Vukich Construction Company, a joint venture, except the materials, labor and work necessary to construct and com- plete, according to the plans and specifications, that portion of manhole I, Bid Iteni No. 37, shown as Valve Box B and the connectin; 16" x 16" x 12" C.I. all Bell Y- Branch, together with the necessa. °7 cast iron pipe, concrete thrust blocks, labor and equipment to mEi71 said Manhole I complete and in accordance with the plans and sp fications, and also to construct Manhole J, Bid Item No. 38 and to complete such construction within a reasonable time after notifir=, tion so to do by the Cities and Sanitary Districts, be and the is hereby accepted upon the express condition that said eontracto proceed immediately and complete, at their own cost and expense, within five days after notice of final acceptance, the repair anc: replacement of the 24 joints of 3" vitrified clay pipe found ancl certified by the Chief Engineer of the Cities and tanitary District to have cracks therein of varying size and length and upon the further express condition that said contractors will repair and /or replace, at their own cost and expense, any other joints of clay pipe in any other portion of Unit III which have not heretofore been jacketed or encased which may develop cracks within a period of thirty days from the date of final acceptance or said work to the satisfaction and approval of the Chief Engineer of said Cities and unitary Districts; that the determination as to whether or not such pipe shall be repaired or replaced shall be made by the Chief Engineer of the Cities and Sanitary Districts; that all such pipe shall be repaired by concrete reinforcing with a figure 6 cradle as shown in Figure 6 on Page 14 of the Handbood of Vitrified Clay Pipe of the Pacific Clay Products Institute, by excavation down to the quarter point of the pipe and then encased with the figure 6 concrete cradle aforesaid, except all such pipe which in the judgment of the Chief Engineer of the Cities and Sanitary Distric is so badly damaged that it cannot be repaired by using a figur 6 concrete cradle as above outlined, which said pipe shall be ex- cavated and replaced by sound, undamaged pipe approved by the Chief Fngineer of the Cities and Sanitary Districts, which said pipe shall be installed with a Typo Z cradle on a rock fill mattress 4/10 of the diameter of the pipe, such pipe to be furnished without cost to the Cities and Sanitary Districts. All said clay pipe having cracks and repaired and used as hereinabove set forth shall have such cracks filled with a suitable solution of cold tar product to insure against gas leakage. That all materials, equipment, supervision and labor'for the re- pair and replacing of said pipe as hereinabove specified shall be furnished by the contractors at their own cost and expense. AND BF IT FURTHER RPSCLVFD that the acceptance of said work and the completion of said Unit III be accepted subject to and upon the further express condition that said contractors enter into a contract with the City of Anaheim as contracting agent for said Cities and Sanitary Districts in which said contractors shall agree that upon request of the City of Anaheim, they will proceed immediately to construct that portion of Manhole I, Bid Item No. 37 shown as Valve Box B and the connecting 16" x 16" x 1" C.I. all Bell Y- Branch, together with the necessary cast iron pipe, concrete thrust blocks, labor and equipment to make such Manhole I complete and in accordance with the plans and specifications and also to construct Manhole J, Bid Item No. 38 and to complete such construction within a reasonable time after notification so to do by the City of Anaheim. AND BF IT FURTHER RnSCLVFD that upon the completion of the repair and /or replacement work hereinabove required to be done by said contractors at the time and in the manner herein specified and upon the expiration of thirty -five days after the filing of notice of completion, that said contractors be paid the balance due them in accordance with the contract documents for the con- -5- struction, installation and completion of said Unit III, in accord- ance with the plans and specifications and contract documents except tr e sum of x`928.00, which shall only be paid to said contractors in accordance with the contract documents 35 days after the completion of said Ivlanholes I and J as herein provided., unless liens arc filed by laborers or material men, in which event so much of the balance due said contractors shall be withheld as shall be necessary to pay and discharge said liens; that the acceptance by the contractors of said payments made in accorc.anc with said final estimate of the Chief Engineer of said Cities and c'anitary Districts shall operate as and shall be a release to the contracting agency and said and Sanitary r.istricts, their officers, agents and employees from all claims and liabilities due the contractors for anything done or furnished or withheld or for anything relating to the work or any act or neglect of said Cities and nanitary ?istricts, their officers, agents and employees excepting, only the right to payment for labor, work and material to be furnished and done in the com- pletion of Manholes I and J. BF IT FURTHER R that the City of Anaheim, as con- tracting agent for said Cities and Sanitary is hereby authorized to make and enter into contractors by its duly authorized officers that portion of Manhole T_, Bid item No. 37, and the connecting 16" x 16" x 12" C. I. all Bell Y- Branch, to- gether with thL3 necessary cast iron pipe, concrete thrust blocks, labor and equipment to make said Manhole I complete in accordance with the plans and specifications and also to construct Manhole J, Bid Item No. 38, and to complete such construction within a reasonable time after notification so to do by the City of Anaheim, and that upon the completion of said Manholes I and J and said appurtenances thereto, and the performance by contractors of all 6- Cities Bistricts, be and it an agreement with said for the completion of shown as Valve Box B of the contractors' obligations with resp;ct thereto, as provided by the plans and specifications and in said contract dated January 26, 1951, that said contractors be paid the sum of 6928.00. BE' IT FURTHF'R RESOLVED that the City Council of the City of Anaheim does hereby resolve and agree to pay its pro rata share of the amount due said contractors in the percentage or proportion heretofore determined and agreed upon by and betwLen said Cities and Sanitary Districts; and BE IT FURTHER RFSOLVFD that the City of Anaheim, as con- tracting agent for said Cities and Sanitary Districts be, and it is hereby authorized and directed to file a Notice; of Completion as provided by law immediately upon the completion of the repair and /or replacement of said 24 joints of pipe by said contractors, as hereinabove provided, upon the filing of certificate of the Chief Engineer that said repair and /or replacement work has been done and completed as herein provided. THE, FOREGOING RF'SOLUTION is signed and approved by me this day of December, 1951. STATE OF CALIFORNIA COUNTY OF ORANGE ss was passed and adopted at a regular meeting of the City Council of 1951, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Wisser and Heying. NOES COUNCILMEN: None. ABSENT: COUNCILMEN: Boney and Van Wagoner. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim the City of Anaheim of 1951. Anaheim I) Charles E. Griffith December do hereby certify that the foregoing Resolution signed and approved said Resolution on the 27th day 1951. City Clerk of the City of held on the 26th day of December IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this day of December _0 i CHARLES E. GRIFFI z/ CITY CL:RK OF TAE CITY OF Anaheim