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1951-18431 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 Januar RESOLUTION NO f 4t 3 A RESO LUTIO OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REPORT AND RECOMMENDATION OF J CHTBP' ENGINEER R AND THE IN NG COMMITTEE RELATING TO THE USE OF 39s VITRIFIED CLAY IPE AND AUTHORIZING T MAYOR AND TRS CITY CLERK TO ENTER INTO A CONTRACT WITH CHARLES T. BROWN AND PAUL CIO, JR. FOR THE INSTALLATION OF SAID PIPE IN THE MOM RECD i ED BY THE CHIEF ENGINEER I AND THE ENGINEER IN'G COMMITTEE. S, heretofore, to wit, on or about the bath day of 51, the 0 ty o Anaheim as coutraoting 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 Vukiah, Jr. duly made and entered into a contract for the furnishing by said oontrsetors of all tools, equip- ment, apparatus, faoilities, plant, labor, materials and utilities and transportt'tton including fuel, power and water and the per formanoe of all work for the construction, installation and oom- pletion in strict accordance with the plans and specifications prepared by Kw/big and $oebig consulting engineers, as set forth in said contrast for the construction of Unit III of the Magnolia Trunk Sewer and Pumping Plant and Force Main and Project together with the appurtenan©es thereto of the Orange County Joint Outlall Sewer, at the location specified in the detailed plans and spec- ifications and in the manner designated therein and in struct con- formity therewith; and WHBR FAS, bearetofore, to wit, on the 11th day of July, 1.950, the City Couneil of the City of Anaheim adopted Resolution Do. 1757 authorising the purchase of our Thousand (4,000) feet of pipe of the size and type required for said Magnolia Trunk Sewer from cladding uoBean 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 sueh purohase; 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 MoBean Company for the furnishing of Four 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 munioipal corporation, as contracting agent for said Cities and Sanitary Districts, and Gladding MoBean Company, a California corporation, wherein and whereby said Gladding Mo Bean 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 propdsals and the plans and specifications for said project as prepared by Koebig and. Koebig, consulting en— gineers, 458 So. Spring Street, Loa Angeles, California, and made available to said bidders prior to the submission of sealed pro— posals; and. WHEREAS, eatd 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 auoh contract as required by the plans and specifications aforesaid that said Gladding MoBean and. Company would thereupon enter into a contract with the contractor or contractors to furnish to such oontraotor 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 28th day of December, 1950, on terms and conditions substantially the same as set forth in said contract oontraot and WHEREAS, after the contract t was duly made and entered into by and between the Oity of Anaheim, as contracting agent, and. Chas. T. Brown and Paul Vukioh, Jr. for the construction, installation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ?1 22 23 24 25 26 27 28 29 30 31 32 and completion o Uni Plant and Force Main, and the furnishing by the aforementioned Chas. T. Brown and Paul Vukiah, Jr. of the faithful performance bond and labor and materialbo:l as required by the plans nd epecifioations, a contract Was made and entered into with said 4ladding MoBsan and Company for the furnishing of the 39 r4 extra strength vitrified slay Pipe as specified in the planar and speo- ifiaations foe said Project as prepared by Koebig and Koebig, consulting einears, to be delivered as near as practicable to the trench Qaid e of the Magnolia Trunk Sever Project; and 4 HESEAS, said Gladding MoBean and Oompang have manufactured and delivered to said Project approximately 5,000 feet of aald cla pipe, and that of said a T. Brown and Paul VV,ki oh, Jr. have is Trunk Sewer and Pumping in sai sewer line approximately 1,800 feet of said pipe from Engin eer Station 489408 to Engineer's Station 507A26; and that ap proximately 3,000 feet of said pipe are now lying on top of the ground at the trench side; and WHEREAS cracks and defects have been d soovered in o sections of the pipe heretofore installed in said line and 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 points 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 presence of and with the approval of representatives of cladding 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 rejected by the Chief Engineer of the City of Anaheim; and WHERZAS the Chief Engineer of the City of Anaheim has 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 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 thex' 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 rejeoted pipe shall be installed as hereinafter provided and may reject any of such pipe which in hie judgment is not suitable for use by reinforcing or otherwise. N0'!, THZREFORE, 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 mann recommended by him aid ae more particularly set forth in the agreement hereto attached; and and they are hereby authorized and directed to execute the agreenten 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, with Chas. T. Brown doing business as Chas. T. Brown Construction Oonipany, and Paul Vukich tieing business as Paul Vukich Construction Company, duly licensed and acting as joint venturers. BE IT NURTHER RESOLVED that Resolution No. 1840 be and the same is hereby reoinded. THE FOREGOING RESOLUTION was approved and signed by me this IT FURTHER RESOLVED that the mayor and the oity olerk be J.11; day of May, 1951. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 S TATE OF CALIFORNIA COUNTY OF ORANGE CHARLES E. GRIFFITH, City Clerk of the City of 5 Anaheim, do hereby oertify that the foregoing Resolution was 6 passed and adopted at a regular meeting of the City Council of 7 the City of Anaheim, held on the of May, 1951, by the 9 14:1 8 following vote of the m ers thereq: AYES: COMICILMEN 44 .0 1 04 a 4 nO r i ecia NOES: COUNCILMEN: ABSENT: COUNCILMEN: And 1 further certUy that the Mayor of t Anaheim signed and approved said Resolution on the ay, 1951. SS -5- IN WITNESS WHEREOF, I have hereunto set my harm and ffixed the seal of said City of Anaheim, thi day of May, 51. 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 (COPY) THIS AORZCMINT, mods 1952. by and between CITY Of ANABIM, as municipal corporation of Orange County, California as Contra/sting agent for the Cities of nahoim, P;11orton and Orange ant for the Buono Park, Cordon Grove, La Habra and. Pla0Ontia Sanitary Districts, ARTY OP ?HZ FIRST' PART horeinattor oallod and reforrod to as 0/TY* N 0 WHIRTAS, red into o f a1 CHAS. To BROWN, d�1 business CRAB. T BROWN CO., and PAUL TUNICR, 3R doing business as PAUL VUKIOR CONSTRUCTION COMPANY, joint venture, linens* num.. ber 105 41 PARTY or TRII 'CO S'o PART, herai called and rota:rod to a •Tilt CONTRACTOR*. re, to wit, on or about tbe 2Gth dar of January, 1951, the parties hereto duly msdo and entered into s eon. *o t for the furnishing by said contraotors of all tools, equip- ment, apparatus, faoilities„ pant, labor, materials and utilities and transportation inoluding fuel, power and water the per formanee of all work for the constrtiction, installation and mum pletion in strict accordance with then plans &i. prepared by Keebig and Koebig consulting engineers, as set forth in said oontraet for tho construotion of Unit II/ of the Magnolia Trunk flower and Pumping P1 nt and forOe Main and Project t-ether with the appurtenances thereto of the Orate. County Joint Outten sower, at ths looation specified in the dotailed plans and spec ifications and in the manner dssignated therein and in strict con- formity theriwith; and wHER S„ heretofore, to wi t, on the llth day of July, 1950, he City Counoll of the City of Anaheim adoptod Resolution No. 1 authorising the purohase of your Thousand (4,000) fe of pipe of the son and type required for said Uagnolta Trunk qewor 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 from noBean O 4 ny and Pao that or tbalerato the Oity of Anaheim said a ae utbori sed by raa o .0 ons duly eed a itiee tary Districts to make ebb after, to wit a n the tb of July, 1080, or o. aooepted by Oladdi Tbousand (4,000) feet of 1 pipe authorised by said re to wit, on or about the was de and entered a muniei GO o atstin Sanitary b aorporatton, d agree to of 39 extra e inviting sealed. pro for aataid pro jsat as praersd by 1 gingers, 458 80. Spring available to said btddsra poeale and I:11 0 setd tracts wer a ward04 tot y id b lie oiler pro e bond* requirod b a l utio a to by eo tr urnished by t wired by the did prude that d into for t'he oo tru tho fa rm b.. t f she plans and s otf oa' Le o ontra for or C ntr Ala aufi speoifioatio aggrega t. the City (o#ticne substan tlolly the s been exsouted such wont t es bat said Oladdi Bean Company ud thereupon enter into a contract with rootor or oontractors to furnish to such ontra otor or contractors the amount or amounts of *lower pipe the amount galled for by said contract entered. into wi >sia on said 28th day of Deoember 1950, on terms or the furbish h vitrifisd t heretofore, 0, an agreement 0 and ion of as set .fort s tria Oi id oontr tt or aa. 0 ny t amore 1by aa. and otfiod in cations in ea id. aontraot 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 se required b the plans and specifications, s mantraet w** da and enterod into with said Cladding MeStaan and Company for the furnishing oflejegrja, linear feet of 39* extra strength Vitrified Clay Pipe as spooifiad in the plans and speoifioatioas tor said Proloot as preparod by Koebig and koebig, consulting engiamors, to ba delivorad as near ac practicable to tho tranch side o tho Magnolia Trunk Sewer Projeet; and WHIRa6 said 01 ing MoBean and Comp ny have manuff urad and d*livered to said Project aPProximat4 "00 foot of pip*, and that the Parties of the Second Part have installad iri said sewer line approximately 1 feet of said pipe from Station 411 t: to aalineer Station 307 a'a; and that approximately 3 foot o said. pipe are now lying on top of the ground at tho trench sida; and, WHaRta$ crack and defacts haye bilen discoverad in extain sections of the pips heretofore installed in said line and in the pipe along the trench sit whereupon said pipe dolivertod to the trench sido but not yet installed. amountiag to 762 joints was tharaupon examined and tested 172 jainto thereof reloctod and. 42 other or additional joint* deolarod by the Chief tnginaar of the Party of the first Part to be of questionable quality that ten (10) samples then, chosen in t prosenoe of and with the approval of representatives of Oladdi SoBean company for tots* in and thereafter tested by testing laberatorias; that 40% of said pips tasted ;,a found to haw loos strength than required by the plans am& spsoifications 4 horsupon all of said pips situat d aloag the trench side was r�.ctt by th hief neer 01 the Oi and bortween the Parties hereto for the eonstru tion„ installation and completion, of Unit III of said Magnolia Trunk Sower and Pumping Plant and Fors* Main and the furnishing by the Parties of the Socond Part of the faithful performance bond and labor and ts WHVIUS after the contract was dui 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 of Anaheim; and eleReA8 the Mier o the Party of the First Pert has reoommenlied that oertain portions of maid relected pie. here* tofore delivered to said proeect iey be installed providi certain methods for reivforcing the s. 11) are used in the instsllat n there of hereinafter set forth, provided however tbe blet lamer of the Party of the ?trot Part shall bat* the right to diet:lard Completely any joint o such pipe whieh are obviously broke n and that soh Chief engineer in hi s*le discretion and j et shell select and deteraiee what portion of sue rejected ptpa *hall be inetalled as heet ter provided and may rejeot any of ouch pipe which it hia nt is not euitable for use by reinforcing or othervie. NOW, ?FOR, for and in consideration of the mut venanto and promises oe the Parties hereto, it is agreed by between them lks fol/ows: 1, That that portion of said rejeeted pipe which meets t approval by ',louse. inspection of at Neff, chief engineer of the Party of the 'First part shall be installed in said trunk sewer 1 providing the contractor pleee„ at his own expense, a concrete cradle to a depth of threeetourthe the diameter of the pipe around i of said pipe and to the trench side; that oonorste used for sueh cradle shall be Class *0* Ooncrete as defined b 1949 specifiestions of the Dtvision of Highways of the State of California, or as defined, in the Los engel e it 3e0oifieltions 138, tbo choice of whioh will be de by tbe Ohiet engineer of the Party of the First Part who el his discretion may direct the es of either one or both of said concrete sixes ecoording to hie beet jute-ont provided however, that the aggregate used in said c shall not exteeed a maximum diameter o 21 inohee and that the gradation shall be dote:trained by tbe Obief engineer of the Party the irot Part and shell b used a� directed by him and whore dir ectod by es. 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 20 That ell such other rejecte4 pipe s y be found to have only minor surface defects, but which is approved for limited in- stallation by the Ihief Ingineer of the Party of the First Parts may be installed in said Maz.elia Teunk Sewer Line prodding such pipe is completely eneased in Olase aoncrete extending six (6) inehes above and six (8) inches below the pipe and to the tre h and with a miximum thicknees of four (4) inches at the belle and t the eontraetorites 014ei expense but satd otter engineer shall bays the right to disapprove for installation any of seid pipe. 3. That e11 pipe credled to 3/4 of It diameter and all of uch 3 •extra strength Vitrified Clay Pips delivered t� said Magnolia Trunk Sewer "Project euhseeueni hereto if tt **melt** Wi th the speeifications shall, as an extra faster of safety be tomb stalled with rook fill mattreee under slash pipe extending one (1) inch below the bell or *eller end 4/10 of the diameter in a000rd.. enc. eith Los Angeles Oity Plan 113321 ease it that the cot o said rock fill shall be borne by the Cities snd Sanitary Districts at the unit priee set forth therefor in the plens and epeoifieate ions and the contreot heretofore made and entered into by and be- tween the parties hereto, and that the cost o the extra exeavation required for sate rock •fill shall be borne by the contraotor. That where said olay pipe is eompletely eneased in concrete, t joint shall be used in the place Of the Kalktite t t here gib clay pipe is cradled in concrete to a depth of fourths (3/4the) of its 41amooter, Ialktite oeh,oand shall rtheless be ueed in the joints. 4. That the manufacturere of satd pipe shall be requ r est pipe fro% *aob kiln at their plant and that °opiate of reports nd results of sueh tests obeli be furnished to the Party of the First Part herein and that all pipe delivered to the Project shall be officially tested after delivery; that at least one joint shall be tested for each fifty (50) jointe op delivered the cost 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 of all such *est specifications for OleY Pipe, serial dealt tion �14T of the imerionn qty for Testing Mteias, IT IS VURITSP UNDETZTOOD ANn AGREM that the p roit of As agreement relate only to the clay pipe now on installed, and to the clay pipe hereefter to he delivered 1.11, in said Itagnolia Trun* %ewer Line; and that it is not intended that this agreement 'nor any proVision thereof shall conm stouts or be cons to oonstitute an aceeptnce of any 30* vitrified Clay ripe heretofore installed in wad lis Trunk IT X 'ThR?8P UNDT.RtTOOD 3 ,111, MR -0 that nothing herein con- qi 'ball oonstituts an ission on the part of ths Party o the Virst TPt that said pipe ar any part or portion thereof as deliTlred or installed Wlite or is in (10 with cad eon:Gros to the :)lans and specifloatio it being the 2urpost of this agree.. nt only to pa at the installation as herein provided of such nal teats shall he be borne by the pipe selected should fail to meet the requir and sposeifiostio a o to any factor, therein ver Line nor a determination of the rights o liab lit� e of 0 Parties hereto or Person in t thereto. in ao with or eanforming to the plans and spseifiostiono nor or In the *Vent nt 41 1 with the standard anythini; h rein oontained constitute a solver of any of t of the tied, *0000 portion of said re4- pipe ne shall be approved by the Chief "'xl'olser of the ?arty of t! 'iret Part and to Irovide for rijid inspection and additional safety faotcre for the furnish ng and installation of said olay pipe hor for to be d inetalled# Nothinx herein oontained shall constitute on awe by the Party of the First Pazt of any part o portion of 0 pipe ea delivered ox installed prier hereto- as beina it complianCe vi.ton e of t oontraot made and entered into by z‘ed between the parties hereto on the ,4th day of January 1951 nor f any of the 2 3 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 rit-,hte of the Partv of the ?trot Part thereundOr nor of the rig to iamiet uPon a strict comoliance therewith; Provi hovovor, to suosh re:tooted 'ire aPoroved for installation by conerete onalsenent or concrete cradle to 3/4 of its dt tor the Party of the riret I'art does h7 thi2 ogre ent weir* the requir. that such pipe so spproved for installationl SOnform to the oPecdficato. ionit Providing said pipe is inItalled in strict conformity With t of this agToement and, the drisotions of the *)*td engineer of the PartY 0 f the tt Peril and provided, further, howover that Oatd, chief any wash pipe as in his for installation with reinforcing as harei.chove 7Proid. or otherviso* Ye caymont shall be .A,,e for broken., dis errled or rejected pipe except ouch pipe s shall in the ment and diecrotion of the chief angineor of the Party of the rirst 'art be used with reinforcing se herein provided thereof,„ •04* shall hove the right to rej tOtallyusieuitable °Tuna% TT Trl tIffDVR1TOOD %ND that the Party Of ea Pert fail to do or perform the 1,..ork labor a7 provided in manner herein set forth in good and vor manner they Shall, in addition to my other ponsitis provt in the contract documents, bo liable to She Party of the Fire TAart for all leas or t that the letter -y suf on aolsount IT iq /i'VETNit'R UN!'lrISTOOD 411D PIGAti. it oo/Intitnitt nor be cenet;.rlaed to be tn on of the Acne and specifications nor of doe nte and that they Isbell be and renal in full force and efect, the sole purpose of this agroement being to authorise the installation of t above m ntio PIP* with the above mentioaod reinforcing and shall not be no constitute a saiver of any of the rit;htr Iprivilegeo or obligations of the contract 4eot eta 100000. ni his agre t to or of the contrast 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 tion i n the nt heretofore d entered it y and between the parties hereto on the of January, t be City Anaheim, lertc Habra and nt to be ►r and sheeted by its r said r t have signs tht agreement nd ye itr as above t nod. SST: ARTY OF TRH I T PART TRM 5 D PLAT or t