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1951-18401 4 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REPORT AND RECOMMENDATION OF THE CHIEF ENGINEER AND THE ENGINEERING COMMIS EE RELATING TO THE USE OF 39" VITRIFIED CLAY PIPE AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A CONTRACT WITH CHARLES T. BROWN PAUL VUKICH, JR. FOR THE INSTALLATION OF SAID PIPE IN THE MANNER RECOMMENDED BY THE CHIEF ENGINEER AND THE ENGINEER- ING COMMITTEE. WHEREAS, heretofore, to wit, on or about the 26th day of January, 1951, the City of Anaheim as contracting agent for the Cities of Anaheim, Fullerton and Orange and for the Buena Park, Garden Grove, La Habra and Placentia Sanitary Districts, and Chas. T. Brown and Paul Vukich, Jr. duly made and entered into a contract for the furnishing by said contractors of all tools, equi ment, apparatus, facilities, plant, labor, materials and utilities and transportation including fuel, power and/Water and the per formance of all work for the oonstructioR installation and com- pletion in strict accordance with th •lans and speoif cations prepared b Koebig and Koebig con- +lting engineers, .s t forth in said oontrt for the cons uction of Unit I I the Magnolia Trunk Sewer and Piping P1 •t andF''o Main Pro ject together with the appurtenances ereto of he ange' °y Jo °nt Sutfall -x. Sewer, at the locat •n spttgifie d4in the otailed pl "d spec« k r i ifioations and i. the manner si`nated.erein a strict con- fortuity there th; and RESOLUTION NO 1840 WHER c heretofore, to w t, on llt• d- of July, 1950, the C Council of the City bf Anaheim ad. Resolution No. 7 authorizing the p Chas of Four T d (4,000) .feet of pipe of the size and fty, equired for s d Magnolia Trunk Sewer from Gladding MoBean& 4oipany and Pacific Clay Products Company; that prior thereto t 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 there- 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 after, to wit, on the 18th day of July, 1950, order No. B6556 was accepted by Gladding McBean Company for the furnishing of Your Thousand (4,000) feet of 39 extra heavy strength vitrified clay pipe authorized by said resolution No. 1757; that heretofore, to wit, on or about the 26th day of December, 1950, an agreement was duly made and entered into by and between the City of Anaheim, a municipal corporation, as contracting agent for said Cities and Sanitary Districts, and Gladding McBean Company, a California corporation, wherein and whereby said cladding MoBean and Company did agree to manufacture and furnish ten thousand (10,000) linear feet of 39 extra strength vitrified Clay Pipe as specified in the notice inviting sealed proposals and the plans and specifications for said project as prepared by Koebig and Koebig, consulting en- gineers, 458 So. Spring Street, Los Angeles, California, and made available to said bidders prior to the submission of sealed pro- posals; and WHEREAS, said agreement did provide that when a contract or contracts were awarded and entered into for the construction of said Magnolia Sewer Project including the furnishing of the pipe and surety bonds as required by the plans and specifications have been executed and furnished by the contractor or contractors under such contract as required by the plans and specifications aforesaid that said Gladding MoBean Company would thereupon enter into a contract with the contractor or contractors to furnish to such contractor or contractors the amount or amounts of sewer pipe aggregating the amount called for by said contract entered into wit the City of Anaheim on said 26th day of December, 1950, on terms and oonditions substantially the same as set forth in said contract and WHEREAS, after the contract was duly made and entered into by and between the City of Anaheim, as contracting agent, and Chas. T. Brown and Paul Vukich, Jr. for the construction, installation -2- 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 and completion of Unit III of said Magnolia Trunk Sewer and Pumping Plant and Force Main, and the furnishing by the aforementioned Chas. T. Brown and Paul Vukioh, Jr. of the faithful performance bond and labor and material bond as required by the plans and specifications, a contract was made and entered into with said Gladding MoBean and Company for the furnishing of the 39 extra strength vitrified clay Pipe as specified in the plans and spec- ifications for said Project as prepared by Koebig and Koebig, consulting engineers, to be delivered as near as practicable to the trench side of the Magnolia Trunk Sewer Project; and WHEREAS, said Gladding MoBean and Company have manufactured and delivered to said Project approximately 5,000 feet of said clay pipe, and that Ohas T. Brown and Paul Vukich, Jr. have installed in said sewer line approximately 1,800 feet of said pipe from Engin eer's Station 489 ,L08 to Engineer's Station 507,L26; and that ap— proximately 3,000 feet of said pipe are now lying on top of the ground at the trench side; and WHEREAS, oracks and defects have been discovered in certain sections of the pipe heretofore installed in said line and in the pipe along the trench side, whereupon said pipe delivered to the trench side, but not yet installed, amounting to 762 joints, was thereupon examined and tested and 172 joints thereof rejected and 42 other or additional joints declared by the Chief Engineer of the City of Anaheim to be of questionable quality; that ten (10) samples were then chosen in the presenoe of and with the approval of representatives of Gladding MoBean Company for testing and thereafter tested by testing laboratories; that 40% of said pipe tested was found to have less strength than required by the plans and specifications and thereupon all of said pipe situated along the trench side was rejeoted by the Chief Engineer of the City of Anaheim; and WHEREAS, the Chief Engineer of the City of Anaheim has 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 recommended that certain portions of said rejected pipe heretofore delivered to said project may be installed providing certain methods for reinforcing the same are used in the installation there of as hereinafter set forth, provided however, the Chief Engineer of the City of Anaheim shall have the right to discard completely any joints of such pipe which are obviously broken, and that such Chief Engineer in his sole discretion and judgment shall select and determine what portion of such rejected pipe shall be installed as hereinafter provided and may reject any of suoh pipe which in his judgment is not suitable for use by reinforcing or otherwise. NOW, THEREFORE, be it resolved by the City Council of the City of Anaheim that the recommendations of Nat H. Neff, chief engineer, for the use of said pipe to the extent and in the manner as recommended by him be and the same is hereby accepted and ap- proved, and that said Nat H. Neff be authorized and instructed to use said pipe to the extent, under the conditions and in the manner recommended by him and as more particularly set forth in the agreement hereto attached; and BE IT FURTHER RESOLVED that the mayor and the city clerk be an they are hereby authorised and directed to execute the agreement hereto attached, for and on behalf of the City of Anaheim as con- tracting agent for the Cities of Anaheim, Fullerton and Orange and for the Buena Park, Garden Grove, La Habra and Placentia Sanitary Districts. THE FOREGOING RESOLUTION was approved and signed by me this 24th _day of April, 1951. ATTES n•i4/ C T E p OF TB OF JL X' 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 STATE OF CALIFORNIA 3 6s COUNTY OF ORANGE I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoikg Resolution was passed and adopted at a regular meeting of the City Council of the City of Anaheim, held on the 24th day of April, 1951, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Wieser, Haying, Honey and Van Wagoner NOES: COUNCILMEN: None ABSENT: COUNCILMEN None And I further certify that the Mayor of the City of Anaheim signed and approved said Resolution on the 24.th day of April, 1951. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City of Anaheim, this 2411 day of April, 1951. -5..