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1951-1856REs0LUTION NO. 1956 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF ANAHEI APPROVING THE REPORT AND RECOMMENDATION OF THE ENGINEERING CE MITT E AND THE EXECUTIVE 00 t{ ITTEE OF THE JOINT OUTFALL SEWER OF ORANGE COUNTY, CALIFORNIA RELATING TO THE USE OF 39 --INOH VITRIFIED CLAY PIPE AND AUTHORIZING THE INSTALLATION OF ALL SUCH PIPE BY REINFORCING IN THE MANNER AND UPON THE TERMS AID CONDITION HEREIN SET FORTH AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO? A CONTRACT WITH CHAS. T. BROWN, DOING BUSINESS AS CHAS. T. BROWN CO., AND PAUL VUKICH JR. DOING BUSIL S AS PAUL VtKICH CONSTRUOTI©N CQM- PANT, FOR THE INSTALLATION OF SAID PIPE AS HEREIN PROVIDED. WHEREAS, heretofore, to wit, on or about the 26th day of Janu ary, 1951,the pity of Anaheim as oontraoting agent for the Cities Anaheim, Fullerton, and Orange, and for the Buena P ark, Garden Gro La Habra, and Placentia Sanitary Districts, duly ade and entered into a contrast with Chas. T. Brown, doing business as Chas. T.Bro Co., and Paul Vukioh, Jr., doing business as Paul Vukiah Construct/ Company, Contractors, for the furnishing by said contractors of all tools equipment, apparatus, facilities, plant, labor, materials a utilities and transportation including fuel, power and mater and th performance of all work for the construction, installation and com- pletion in strict accordance with the plane and epeotfioationa prepared by Koebig and Koebig, consulting engineers, as set forth in said contrast for the construction of Unit III of the Magnolia Trunk Sewer and Pumping Plant and Forge Main and Project together with the appurtenances thereto of the Orange County Joint Outfal.l Sewer, at the location specified in the detailed plans and specifi- cations and in the manner designated therein and in strict con- formity therewith; and WHHEREAS heretofore, to wit, on the 11th day of July, 1950, the City Council of the City of Anaheim adopted Resolution No. 1757 authorising the purchase of Four Thousand (4,000) feet of pipe of the size and type required for said Magnolia Trunk Sewer from Cladding, MoBean Company and Pacific Clay Products Company; that prior thereto the City of Anaheim as contracting agent afore said was authorized by Resolutions duly passed and adopted by said Cities and Sanitary Districts to make such purchase; that thereafte 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 to wit, on the 18th day of July, 1950, order No B6556 was aooepted by cladding (4,000) feet ©f 39 -inch extra -heavy strength vitrified clay pipe authorized by said Resolution No. 1757; that heretofore, to wit on or about the 28th day of December, 1950, an agreement was duly made and entered into by and between the City of Anaheim, a munioi pal corporation, as contracting agent for said Cities and Sanitary Districts, and Cladding, McBean Company, a California oorporation, wherein and whereby said Cladding, MoBean and Company did agree to manufacture and furnish ten thousand (10,000) linear feet of 39-in extra strength vitrified clay pipe as epeaified in the notice invit ing sealed proposals and the plane and specifications for said pro- ject as prepared by Koebig and Koebig, oonsulting engineers, 458 Bo. Spring Street Los Angeles, California, and made available to said bidders prior to the submission of sealed proposals; and ERAS, said agreement did provide that when a contract or contracts were awarded and entered into for the construction of s Magnolia. Sewer Project including the furnishing of the pipe and surety bonds as required by the plans and apeoifoations have been executed and furnished by the contra°tor or oantraatars under such oontraot as required by the plans and speoifioattons aforesaid, that said Gladding MoBean Company would thereupon enter into a contra with the contractor or oontraotors to furnish to such contractor or contractors the amount or amounts of sewer pipe aggregating the amount oalled for by said contract entered into with the City of Anaheim on said 26th day of December 1950, on terms and conditions substantially the same as set forth in said oontraot; and WH R$LS after the contract was duly made and entered into by and between the City of Anaheim as such contracting agent and Contractors for the construction, installation, and completion of Unit 111 of said Magnolia Trunk Sewer and Pumping Plant and Force Main, and the furnishing by the Contractors of the faithful perform& n Company for the furnishing of Four Thousand 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 bond and labor and material bond as required by the plans and specifications, a contract was made and entered into by Chas, T. Brown, doing business as Chas. T. Brown Co., and Paul Pukloh, Jr., doing business as Paul Vukioh Construotion Company, a joint venture, with said Cladding, McBean and Company for the furnishing of 10,000 linear feet of 39 -inch extra- strength vitrified clay pipe, as specified in the plans and specifications for said projeot as pre- pared by Koebig and Koebig consulting engineers, to be delivered as near as praotioable to the trench side of the Magnolia Trunk Sever Project and WHEBIA8, certain cracks and defects have been discovered i n certain sect of the pipe heretofore ins ailed in said Magnolia Trunk Sewer Line and in the pipe along the trench side; whereupon, all of said pipe situated along the trench side was jeoted by the Chief Engineer of the City of Anaheim; and CAB, on May 9 1951, an Agreement was duly made and entered into by and between the pity of Anaheim as such contracting agent and said Oont for the installation of such rejected pipe with concrete reinforcing as provided in said Agreement and providing for a more rigid inspection and additional safety factors for the furnishing and installation of said slay pipe thereafter to be delivered and providing that the manufacturers of said pipe shall be required to test pipe from each kiln and providing for the testing of at least one joint out of seah fifty (50) joints delivered to the trench side of said project; and WHEREAS, deapi.te more rigid control of the and more frequent teats as required by said Agre said 39 -inch extra- strength vitrified olay sewer pipe which, when tested at the plant of said manufacturer, failed to meet the epecifioattons of Koebig and Koebig for crushing and hydrostatic nr O ng an of .t" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 pre air other allowable variations; and WHERZA8, by reason of the foregoing facts and eircumstano the manufacturer of said clay pipe is unable to -eintain its sithsd of deliveries of said pipe as agreed upon nd that es a result thereof said Magnolia Trunk Sewer Project will be delayed in some letion unless some weans is found to reinforce and use such portio of such clay pipe manufactured as fails to meet the specifications of Koebig and. Koebig; and WHEREAS, the manufacturer of said pip and the contractor in order to avoid delay in tioD manufacture of said pipe nd the completion or said project have proposed: a. That all pipe passing the L. J. Porter Company tests at its Lincoln, California, Plant shall be installed with a Type "Z cradle on a rook fill mattress four-tenths (4/10ths) of the diameter of the pipe, one-half (1/2) of the cost of such cradle to be borne by Oladding, McIean Co., and one-half (1/2) by all the Cities and 9.anitary Distriets; b. That approximately 1,000 feet of 39 -incal clay pips ady e1tvered. to th e trench side which failed to meet the crushing etrength fully shall be installed with a Type cradle and rook fill mattress, the cradle to be paid for by Gladding„ MoBean Co.; e. That all second quality pipe aocepted. for future delivery the be installed with a Type n" cradle or full encase ment, at the option of the C4ief Engineer of the City of Anaheim, such concrete imilme cradle or encasement to be paid for by cladding, MoNsan and Co. and also to be installed on a rock fill mattress to be paid for by the Cities and Sanitary Districts. d. That all eipe hereinafter installed shall be placed 011 a rock e ill mattress to be paid for by the Citiee and Sanitary Districts; and d have been rejected by the manufacturer not m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, Pacific Clay Prod ots Company of Los Angeles, Cali fornia„ have mapufaotured and now have ri hand approximately thirty five hundred (3500') feet of 39-inoh vitrified clay pipe which has failed to meet the specifications of Koebig and Koebig for said pipe and that aaid Pacific Clay Produota Company has offered to deliver aid pipe to the contractors along the trench side for installation f so much thereof as is suitable for installation with a Type "Z" radio or full encasement, at the option of the Chief Yngineer of the City of Anaheim; the cost .c,t. such concrete reinforcing to be borne by the oontractor and/or aaid Pacific Clay Products Company, mutually agreed upon by them, but in any event without cost to the City of Anaheim for such concrete reinforcing, and also to be insta on a rook fill mattress, to be paid for by the Cities and Sanitary Districts; and WHEREAS, the Engineering Committee and the Executive Commit of the Joint Outfall Sewer of Orosnge County, California, have con- sidered said proposals of said h pipe as herein provided, and HEREAS, the present sewage disposal facilities of the Orang County Joint Outten Sewer are overloaded and taxed beyond their capacity, and that with the aoproach of the summer months, the emoun of sewage to be disposed of will increase and there is great danger that said sewage will overflow into the streets and highways and create a serious health menace; that the inability of Gladding, Mo- Bean Company and Pacific Clay Products Company to manufacture and deliver to said Magnolia Trunk Sewer Project said 39" clay pipe con*. lying with the specifications of Ko&big and Koebig, in quantities s originally contemplated, has resulted in a delay in the completio nufacturers and the contractor and have recommended that all 39-1nth extra-strength vitrified clay pipe be installed as herein provided and have requested the City of Anaheim as contracting agent for said Cities and Sanitary Districts to enter ,nto a contract with tie contractors for the installation o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 who oan furnish said 38* wits 21 22 23 24 25 26 27 28 29 30 31. 32 of said. M ne iia Tr Sewer line a project which delay and the ions aforesaid have created an emeargenoy a nda the pub- alth that prompt and immediate aot&on is requ1red to avoid passibility of epidsmiee whtoh might **our by roaaon cant the in E vat* disposal of said etwage, and that it ie urgently neoeaeary that the contraetors authorised to use all of the se o ads pipe wbioh can be furnished by said tit oc. and Patti Olay Prod to o. suitable for installation with ooncrete reinfor° dad, without additional s pipe with concrete rei if of the cost thereof, be paid by the City, t,n order to faste the oomp avoid the areati a h ouneil fi fai linear busine8 a art O busineas a Pi tractors atd 0o. are the o Bean is pips companies es were awarded aid pi pl and that sat& Oboe. T. Brown and P ded the Goatraot for ins ailing said Go. and Pacific 01 Products 00. are nisb said pi ly concern who is in a position at the prosant time t daiaver said pipe duri th nest s without cost to the pities and Sanitary Districts, ezoe$ as to f grade pips, and that the contr etors are the only persons who can nter into a contract for the installation of said c oncrete reinfcri,- of said pipe that it is impractioabe to advertise for bide fo fuir nishing of such pips and the installation thereof with non- intorotng as herein provided, and that it would be a ussls 4 rip on Core +o. and onoerna we of the City of fed clay pip* aot for V ukiv that y eonaerns wno can the ao ntraot prose with ooaerate reinfo 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 nd futile sat to ask for btda fo eept the above named o no end the co bid thereon that bg reason of the exist*** of soh emergency and the necessity fear the pr arompletian of said Magnolia Trunk.; Line and Pro4 ect by r *aeon. of the asrTiosb rem r*t to complete the same by advertising for bids would re .t in the total additional coot to the Cit i,+s a such reinforcing it is estimated, will the airy Council ft install all pipe failing to Koebig but e herein prov d out cost to the Cities and Sanitary Districts, ezospt for t he soak mattrsas, and authorised to install all first-grsade pipe with oon. orete reinforcing, as herein provided, and that the Cittee and. 8a terry Dtetriote pay one 1f (l' of the cost of e us h reinfor able for install that can be furnished by said pip o not exceeding $1.25 per lin contracts it be ep*otf &canons of Koebig with oenaretee reinforcing oot. the balance the oust thereof to be paid by tiad contractors; the type of reinforcing to he at the discretion of the Obietf Engt as er, and all pipe d+sl#.Tered sub e the right of re sot on by him, tbe t the a yerttai ng for bide new contr is tor th e installation of said pip* wi einforcing or for the purahaei.ng of said pi, be dispensed at WHEREAS t he City Counc tads that aotruotion c e.sstty make it de treble are auoh that public interest and mod i.i'y the contract documents to cover there unforeseen oircumet i aforesaid encountered during the progres of the work in the use installation of said 39' vitrified slay pipe as provided in the and specifications to avoid the creation a public health menace by a delay in the +e`x plotion of said Mg *ter Trunk SOVVX Liar, a that the recommendations endations of the Joint Engineering Commit* Joint Jaeoutiv 0 ommittee for the installation of said pips as because o could or would Dtstrt 000.00 end ouid be authorised to oh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 provided acaoordtngly. NOW, Th CITY OF tigkHlrm tha Committee and said Jo int Sewer of Orange County, Oalifo of said tnoh extra -s tre reixfforcing, as hereafts aaepted and appaoved, and said Oittea and Sanitaaxy Die trio and inatructsd to use and direct t follows: 1. That all 59 vitrified 0 can and Cavan y passing tests 'adding, McBean Company plant at is acceptable to the Chief Engineer gtallation aa fir cradle on of the diameter of the pi pe, the trench s installed exceeding 1.85 pa ap 3 portion of said 1, 000 feet of pi ara.dle to be paid for by the Contractor to be paid for by tbZ e Cities and sanitary D Contract documents modifiad D E` T CCITT COUNO 1 OF THI t►h+ Joint Ixeoutive of the Joint autfal and installation liar pipe with aoncrets e came i s hereby or eby authorised of said pipe as H. Neff be and he is instsUatio Pipe t he ztur. by Gladdieg Porter Oom pany at the f ornia, if said pip when de red alo g t pipe, shall be a rook fill mattres a 4/ 04he f of the cost of euob cradle ioh, dos not be borne by the contractor and on half eaf the cost thereof, not linear foot, shall be paid by the Cities and Sanitary Diatriots rook mattress to be paid far by the Otty. 2. That approximately 1 feet of 39# clay pipe already dei.i:vered. to the trench side, which faled to meet the crushing streng fully and which meets the approval by visus./ inapeo aaun of Nat H. Nee f, Ohi.ef Sneer of the City,. ab all be installed t a t +�Z" cradle and rook fill mattress, the cost of the oonorete rock fill mattress ots. That any the approval. of the Chiaf Engineer by vi.aual insp tiOn but whidh he may Motor mine is imitable for blot allattain and usa with full cone rete *fleas 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 8 t 3. Tha to the I oBean Koebg crsd a or full aenoasement at the the City. Such concrete the oonorrete used in suc linear foot, and the Can thereof 5. led with such a xoea in said F t of such eseasnt to be paid by the aid 3" vitrified oiay pipe hereafter deli►+ared enah si de of said Magnolia Trunk Sewer Pro f east by t1I 43, which does not meet the sp sifioat&ona of Kaebig ting engineers, be installed with a type *Z the Chief tngineer nt to be paid for by t tree 4 e 8: the Contractor, and also sha .3 be in to be paid for by the Ctt +ss and Sanitar r ri sense the right to re3 ect without lisbtli vitr ,fiel olay pipe delivered to said Magnolia Tr whtoh the Obi f Inieineer of the City able for inesta.i.ation by any of the met 4. The ao rote used for such °radio or enr aseme rto any P art will pay for one -half ro of actor will pay the balance i cations of d 3 Class '8n ©onerete s defined by the Divisi on of Bighwye of the State of California or as defined the Los :ng+sles City $peotfioations 138, the oho ioo of which 4 be made by t Ch.i of sneer of the P arty of the First Part, who at his disc on may direot the use of either one or both of said oonorete miss according to his best j ¢sent, prov3.ded, however, that the aggregate used in said cements hall not exceed a maximum diameter of inn es and that the gradation shall be determined by the Chief miner of the Party of the First Part and shell be used as direot the Party of the m and Where direotesd by him. In such oases *est reinforcement, not exoeedi S .25 per most 1 e:ase s where pipe marsuf aeturred by El pang to tested by the L. J. Porter Company, tasting lsbo of ram o, Oa1ifornir and such tee Show that it fails to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e o i fi►aati. of ioehig !oebtg, said pipe shall be ship inae allat i o n to said Magnolia Sella `run. Sewer Line f suite 3.e upon de .ivery for ins tton as determined by sr of the City. Uh ptF"e approved for installs,- on by the 0 ,ef Engineer of the City, 11 he, at the option of thief er installed either with a t /4t a of i,te di ter, or by QIa aed Borer erten above and 6 hickness of our inches at the the trench side with a mi bell. and a del Joe fill ma b fo hereto fo ar� compound.; depth of shall nsrt of the oi di of th Anaheim, refer he O and Sanitary Die the plane and ep pe o of the tra-strength v d or hereafter del vered to sand tor of a S ae under s 'h pipe ex dollar and 4/l the of the diameter in a Plaxn. 13221, asee 11' that the soot of made and, entered into by a oost of the extra exoavati be borne by the Gontraotor. where $aid clay pipe is ep .+tely oints Shall be used in the place of t tbat where suoh clay pipe is ersdled in co fourths (3 /4tha) of its diameter, egg be used in the ;joints. IT FURTHER BQLV tbat the Mayor and the Oity O'ler' of Anaheim be and they are hereby authorised and •zaoute the agreement hereto attao2 ed for and on behal to at the unit price tions and the contract tvsen the part ee here* required for said rook be Tr d rook fill of its diamete eretofore Pro- with rook as be ty of Anaheim as oontraoting agent for the 4iti,+axe of cull rton, and Orange and for the Buena Park, Garden Gra 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ATTEST: La Habra P 1aoeut ,a San .tar Districts with has doing business as Ohas. T. Brawn Company a nd Pau. Vukiah do i basins sit as Paul Vuk .ah OonitruotiOn Company, duly li and mating al aiut venturers, for the use and installation amid $9$ extra strength vitrif Sewer Line. THE O RZ OLtJTION is sigx and approved by m day of June 1951. ad, clay pip in said Magnolia Trunk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 30 31 3 .A.1 E CAP kLZ RN/A O0TJ T OP ORAJOR CITY OP Ali. 1, t H*RL do hereby oexifj adopted at a regular Anaheim hold On the vote at the ere bera the? NOBS: i l f BUNT: cOZ June RIPTITR t ity Olerk of the Oity of knahoim, the forego Resolution a .ssed and ti.ng of the pit y of o 1 1 0 by the fo owing i y of A �u to AND 1 TUR RXR 0 RT Ifl that the Mayor of the 0i my 12th Pearson, Wisner, Heying, Bon!ey and Van. Wagoner None None nahe it signed and approved said Resolution on the ..12th dI%7 of of June