1955-2854on the 1
o'clock
Hearing
to that
serials
eluding
RESOLUTION NO, 2854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABrR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK NECES-
SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: BALL ROAD INTERCEPTOR SEWER,
UNIT "A" OF WEST ANAHEIM SEWERS, JOB AO. 1050,
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed) published and circulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the 29th day of Novembe and the 6th
of December 19 �L1 a notice inviting sealed
proposals for furnishing the fo owing:
All plant, labor, services, materials and equipment,
and all utilities and transportation, including power,
fuel and water, and performing all work necessary to
construct and complete, in a good and workmanlike
manner, in strict accordancezdth the specifications,
plans and drawings therefor on file in the Office of
the City Clerk of the City of Anaheim, the following
public improvement, to wit:
-1-
The BALL, ROAD INTERCEPTOR SEWER, from Euclid Avenue
to Magnolia Avenue, UNIT "A OF WEST ANAHEIM SEWERS,
Job No. 1050,
consisting of the construction of V.C.P. sewer mains,
sizes and strength as indicated on the plans, includ-
ing excavation manhole construction, 4 -inch V.C.P.
wye branches, 4 -inch V.G.P. house connections, con-
struction of various special structures, repaving and
appurtenant work, as indicated on the plans,
in accordance with the designs, plans, profiles and specifications
prepared by George E. Holyoke, City Engineer,
and the notice inviting sealed proposals, which said notice speci-
fied that sealed proposals as specified in said notice would be
received up until 8 :00 o'clock P.N. of the 1 th day of
December 19 and which said notice i state and declare
that, pursuant to the provisions of Section 1770 of the Labor
Code, the City Council of the City of Anaheim had ascertained the
prevailing rate of wages for each type of labor needed to execute
snid contract and did set forth the prevailing hourly wage scale
so ascertained; and
WHEREAS, at a regular meeting of the City Council held
th day of December 19 54. at the hour of 8 :00
.l' of said date, said City Council did hold a public
for the purpose of opening sealed proposals received up
time, for furnishing of all plant, labor, services, ma-
and egnipment, and all utilities and transportation, in-
j,owPr, fae] and wn and pe formin all. Worir necessary
to construct and complete, in a good and workmanlike manner, in
strict accordance with the specifications, plans and drawings
therefor on file in the office of the City Clerk of the City of
Anaheim, of the public improvement hereinabove more particularly
described and set forth; and
WHEREAS, the City Council did thereupon refer said bids
to the C' t :_,n ine for
examination, tabulation and report 'CO the City Council, and said
did thereupon
examine and tabulate said sealed proposals and report the result
of his tabulation to the City Council; and
an adjourned
WHEREAS, the City Council did meet in,/regular session
on the 12th day of January 19_55_ at the hour of
2;00 otclock P.M. to consider the sealed proposals submitted
for furnishing materials and performing the work hereinabove more
particularly described and set forth, and the City Engineer
of the City of Anaheim did
thereupon make is report and submit his tabulation of said
sealed proposals, and the City Council did thereupon find and
determine that the sealed proposal submitted by M. MILLER
COMPANY, 1�30,�South San Pedro Street Los Anwern
for the construction, installation and completion of said BAIL ROAD
_INTERCEPTOR SEWER, JOB NO, 1050, hereinabove mentioned
and described was the 16liest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a con-
tract to said M Miller Com an
for furnishing all plant, labor, services, materials and equip
ment and all utilities and transportation, including power, fuel
and water, and performing all work necessary to construct and
complete, in a good and workmanlike manner, in strict accordance
with the specifications, plans, and drawings, the said public
improvement as specified in said notice inviting sealed proposals,
and did authorize the Mayor and the City Clerk of the City of
Anaheim to execute a contract for and on behalf of the City of
Anaheim with 22 ir�u lei'
which said contract was duly made and entered inTo on t e 1 th
day of Januar�, 19 .a and
WHEREAS, the said T s Miller Company
has furnished all plant, labor, services, materials and equip
ment and all utilities and transportation, and performed all work
necessary for the construction and completion, in a good and
workmanlike manner in strict accordance with the specifications,
plans and drawings, of said public improvement as specified in
the notice inviting sealed proposals and in the detail, design,
plans, profiles, drawings and specifications prepared by George E.
golJo e Cit „Eng veer and the contract
rnade and entered into wit it by t e City of Anaheim; and
WHEREAS, the ty Engin F;
has duly certified to tTie construction and completion of said
public improvement hereinabove mentioned and described in
accordance with the plans and specifications and the contract
documents duly made and entered into with said M. Miller
Company and
,WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particul-
arly described in accordance with the provisions of the contract
and the contract documents, and that notice of completion should
be filed and payment of the balance due said contractor authorized
in accordance with the contract documents.
2-
NOW, THEREFORE, BE IT RESOLVED by the City Council of
tine City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and transportation, and the per-
formance of all work necessary to construct, install and complete
in a good and workmanlike manner, in strict accordance with the
specifications, plans and drawings therefor on file in the office
of the City Clerk of the City of Anaheim together with the ap--,.
purtenances thereto of said public improvement hereinabove more
particularly described and set forth, in the City of Anaheim, by
said contractor, be, and the same is_hereby, accepted, subject,
nevertheless, to all the terms, conditions and provisions of the
contract documents, and that the balance due said contractor for
said work be paid to :it.: thirty -five (35) days from and after
final acceptance of said work as evidenced by the adoption of this
resolution, but not sooner than thirty (30) days after the date
of the filing of notice of completion, excepting only such sum
or sums as may lawfully be withheld in accordance with the pro-
visions of said contract and contract documents. That acceptance
by the contractors of said payments made in accordance with said
final estimate shall operate and shall be a release to the City of
Anaheim, its officers, agents and employees from all claims and
liabilities due the contractor for anything done or furnished or
withheld or for anythin= relating to the work or any act or neglect
of the City, its officers, agents and employees, excepting only
claims against the City for any amounts withheld by the City at
the time of such payment.
AND BE IT FURTHER RESOLVED that the Mayor and the City
Clerk of the City of Anaheim be, and they are hereby, authorized
to execute and file a notice of completion of said work as re-
quired by law.
THE FOREGOING RESOLUTICN was signed and approved by me
this 12th day of July 19 55
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
C
AYO
OF THE C
TY OF ANAHEIM
STATE OF ALIFOR 'IA)
COUNTY OF ORANGE s s
CITY CF Ai EEI::
I, DE=S I:. ',7ILLL ..S, City C1erl of t'-_e City of Anaheim, do
hereby certify that the ?oregoir.v resolution was adopted a -)on a final
reading at a regular aeetinr. of the city council of the City of Anaheim,
held on the 12th day of July, 1955, b_,r the following vote of the members
thereof:
AYE: CCUiTCI1I. .T: earson, Fry, Schutte and Van Wagoner.
NOES: CCU1TC II.... :Tone.
A.i SE' T: CCLlTCILIi .1 Wisser.
A'"D I FURTHER CERTIFY that the nayor of the City of Anaheim
avi,roved and signed said resolution on the 12th dad- of July, 1955.
Ii' WITESS WHEFECF, I have hereunto set hand and affixed
the seal of the City of Anaheim this 12th day cf July, 1955.