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1954-2357RESOLUTION NO. 235,_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT► Li BOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: HOUSTON STREET- CRESCENT AVENUE SEWER IMPROVE- MENT JOB NO, 1001. 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 10th dayXXix and the 22nd day of September 193 Agitita, 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 of a trunk sewer main, comprised of two units, commencing: Unit A at the intersection of Magnolia Avenue and Houston Street, running easterly on Houston Street to Brookhurst, and southerly on Brookhurst to La Palma, thence easterly to Catalpa Avenue; or from Manhole No. 1 to Manhole No. 21; and Unit B at the intersection of Catalpa Avenue and La Palma Avenue, running easterly to Fairview Street, thence southerly on Fairview Street to Catalpa Avenue, thence easterly on Catalpa Avenue to Manhole No. 30; or from Man- hole No. 21 to Manhole No. 30; Unit A to include metering facilities, manholes and ap- purtenant work, and Unit B to include manholes and appurte- nant work. Job No. 1001. 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 specified that sealed proposals as specified in said notice would be received up until 8:00 o'clock P.M. of the 28th day of September 1 9 53 and which said notice did stae 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 pre- vailing 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 an adjourned WHEREAS, at regular meeting of the City Council held on the 28th day of Sept 19 53 at the hour of 8 :00 o'clock P.M. of said date, said'City Council did hold a public hearing for the purpose of opening sealed proposals re-- ce.ved, up to that time, for furnishing of all plant, labor, servi- ces, materials and equipment and all utilities and transportation, including power, fuel and •'ater, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifioations, 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 City Engineer for examination, tabulation and report to the City Council, and said City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabu- lation to the City Council; and an adjourned WHEREAS, the City Council did meet in /regular session on the 6th day of October 19 53 at the hour of 10:00 o'clock A.M. to consider the sealed pr000sals submitted for furnishing materials and performing the work hereinabove more particularly aescribed 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 J. E. Popovich, P. 0, Box 261, Torrence, California for the construction, installation( #1001 and completion of said Houston St.- Crescent Ave.Trunk Sewer Main, Job hereinabove mentioned and described was the lowest responsible pro)osal.» submitted therefor, and thereupon accepted said bid and did award a contract 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 7th day of October 19 53 and WHEREAS, the said J. E. Popovich has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and work- manlike 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, pro- files, drawings and specifications prepared by George E. Holyoke, Engineer and the contract made and entered into with him by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specific- ations 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 particularly 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 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 imptovement 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 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 RESOLUTION was signed and approved by me this 9th day of March 19 5L. ATTEST: CITY CL OF THE 0 J ANAHEIM MAY OF TH C TY OF ANAHEIM STATE OF CALIFORNIA) COUNTY OF ORANGE ss CITY OF ANAHEIM I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a Regular meeting of the City Council of the City of Anaheim, held on the 9th day of March, 1954, by the following vote of the members thereof: AYES: COUNCILMEN: Fry, Schutte, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Pearson. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of March, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of March, 1954.