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1955-2886RESOLUTION NO 2586 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 A1\D WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: BROADWAY ORANGE INTERCEPTOR SEWER, UNIT "B OF WEST ANAHEIM SEWERS, JOB NO. 1051. 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 2 th da of November and the 6th day of December 19 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: BROADWAY ORANGE INTERCEPTOR SEWER, UNIT "B" OF WEST ANAHEIM SEWERS, on Broadway and Orange from Euclid Avenue to Magnolia Avenue, and on Gilbert from Broadway to Orange Avenue, Job No. 1051, and consisting of the construction of V.C.P. sewer mains, sizes and strength as indicated on the plans, including excavation manhole construction, 4 -inch V.C.P. wye branches, 4 -inch V.C.P. house connections, construction of various special structures, repaving and appurtenant work, as indicated on the plans, in accordance with the designs, plans, profiles and specifications prepared by 0.eor E. Holyoke City Rnginonj and the notice inviting seale proposals, which said notice speci- fied that sealed proposals as specified in said notice would be received up until 8 :00 o'clock P.M. of the l th day of December 1954 and which said notice d 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 s=aid 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 14th day of December 19 51, at the hour of 8 :00 o'clock P.M. of said date, said City Counc did hold a publi c hearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and eTli and all utilities and transportation, in- cluding 1 ow'r, fl�e�. arm wntoi•, grad per-forming; all work necessary -1- 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 Cites En_g_ineer for examination, tabulation and repo rt to t e City Council, and said City Fi?ingQr did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Council; and adjourned WHEREAS, the City Council did meet in /regular session on the 28th day of Deceiuk r 19_54. at the hour of o:clock P.M. to consider t'ie sealed 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 his 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, 13305 SOUTH SAN PEDRO STREET, LOS ANGELES 61 C for t e construction, installation and completion of said BROADWAY- ORANGE INTERCEPTOR SEWER Job No 0 1 hereinabove mentioned and described was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said M, Miller Com a 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 M. Miller Company which said contract was duly made and entered into on the 29th" day of December 19; and WHEREAS, the said M. Miller Com an has furnished all plant, labor, services, materials and equip— £Went 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 Geor e E. Holyoke, City Engineer and the contract made and entered into with 'it by the City of and WHEREAS, the Cif Engineer has duly certified to t'ie construction 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 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the 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 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 RESOLUTIC.N was signed and approved by me this 9th day of August l9 55 ATTEST: ST: CITY CLERK OF THE CITY OF ANAHEIM 3 MA OR OF THE CITY OF ANAHEIM PRO 7*M STATE Cr OLLUCE7IA) curTy CLA:a7 CITY CF AHAEEIL I, LE:E WILLIATZ, City Olerk cf the City of Ana%Lei:_q, do hereby certify that the foreoins resol-tion lo. 236 %:.cs cdo ul;on "mai .rcad:ms at a reE,lar aeetinscf the City Ocunc11 of the City _f Anaheiz,, he7d on tl.c ;th icy A 1955, by the vote of thc t (Kin) OCU70 Fry, Schutte and Wiser. 1 00=TT1 Ucne. AZ SE L',." :3 or. an Vr. '.rooner. AT I F7RT77? C2r_TIFY that the 1-iayor r.E'ro Tem of the City of Anaheim avoroved and sined aid resolution Yo. 4886 on the 9th day of Aus:l.st, 1955. LT WITTCTESS WERRECF, I have hereunto set ay hand and affixed the seal of the City of Anaheia this 9th aay of AilLust, 1955 2 CITY CLERK (L.; TE2 CITY AT61777.T" v..a.