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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.