1955-3027RESOLUTION NO. 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
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: EAST STREET SEWER IMPROVE
MENT, FROM ORANGETEORPE AVENUE TO KENWOOD AVENUE,
JOB NO. 1059.
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 9th day and the 16th day of
August 19 55 a notice inviting sealed
proposals for furnishing the following:
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 accordance with 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:
The East Street Sewer Improvement, consisting of
the construction of an eighteen (18) inch V.C.P.
sewer lateral in East Street from Orangethorpe
Avenue to Kenwood Avenue, including trenching,
manhole construction, backfill, jacking, resurfac-
ing, and appurtenant work as indicated on the plans,
Job No. 1059.
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 7:00 o'clock P.M. of the 2 3rd day of
August 19 55 and which said notice did state and de-
clare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Council of the City of Anaheim had ascertain-
ed the prevailing rate of wages for each type of labor needed to
execute said contract and did set forth the prevailing hourly wage
scale so ascertained; and
WHEREAS, at a regular meeting of the City Council held
on the 23rd day of August 1955 at the hour of 7:00
o'clock P.M. of said date, said City Council did hold a public
hearing for the purpose of opening sealed proposals received up
to that time, for furnishing of all plant, labor, services, ma-
terials and equipment, and all utilities and transportation, in-
cluding 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
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 the
to the City EnEineer
examination, tabulation and report to the
Citr Engineer
examine and tabulate said sealed proposals
of his tabulation to the City Council; and
WHEREAS, the City Council did meet in regular session
on the 23rd day of August 1955 at the hour of
D00 o'clock P.M. to consid� er'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 report and submit his tabulation of said
sealed proposals, and the City Council did thereupon find and
determine that the sealed proposal submitted by J. E. POPOVICH,
P.O. Box 261, Torrance, California
for tie construction, installation and completion of said EAST STREET
SEWER IMPROVEMENT, JOB NO. 1059 hereinabove mentioned
and described was t e lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a con-
tract to said J. E. Popovich
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 J. E. Popovich
which said contract was duly made and entered into on the ta
day of August 195._; and
WHEREAS, the said J. E. Popovich
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
the City Engineer
made and entered into wit m by t e City of Anaheim; and
WHEREAS, the City Engineer
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
J. E. Popovich 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-
reupon refer said bids
for
ity Council, and said
did thereupon
and report the result
and the contract
NOW, THEREFORE, BE IT RESOLVED by the City Council of
tiie 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 him 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 anythim. 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 RESOLUIICN was signed and approved by me
this 29th day of November 19 55
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
OR OF THE CI OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing resolution was adopted upon a final
reading at an adjourned regular meeting of the City Council of the
City of Anaheim, held on the 29th day of November, 1955, by the
following vote of the members thereof:
AYES: COUNCILMEN: Fry, Schutte, Wisser, and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMAN: Pearson.
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of
Anaheim approved and signed said resolution on the 29th day of
November, 1955.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 29th day of November, 1955.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM