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1952-20388 9 10 1 1 2 3 11 4 5 6 11 7 11 RESOLUTION O. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE FURNISHING OF ALL PLANT, LATOR, SERVICES, lEATERIALS AND ELTIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING "POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT An COMPLETE A TRUNK SE= 007SIONLY KNOWN AS THE 0RESC:R1NT A,VENTE TRUNK SEWER AND LATERALS. 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 Tulletin, on the 31st day of July and the Sth clay of 11 August, 1952, a notice inviting sealed proposals for furnishing 12 the following: 13 14 1 15 1 16 17 18 19 20 1 21 1 22 in accordance with the designs, plans, profiles and specifications 23 prepared by George E. Holyoke, City Engineer, and the notice in- 24 viting sealed proposals, which said notice specified that sealed 25 1 proposals as specified in said notice would be received up until 26 1 8:00 otclock P.M. of the 12th day of August, 1952, and which said 27 L notice did state and declare that, pursuant to the provisions of 28 Section 1770 of the Labor Code, the City Council of the City of All plant, labor services, materials and equipment, 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 dra•ins therefor on file in the office of the City Clerk of the City of Anaheim, of a trunk sewer commencing at Euclid Avenue and Crescent Avenue and extending eastwardly along said Crescent Avenue to Loara Street, and the following sewer main laterals on Loara Street from a point 1760 feet south of Crescent Avenue to West North Street, on West North Street from Loara Street to a point approximately 160 feet west of North West Street and on Burton Street from Loara Street to a point approximately 160 feet west of North West Street, including manholes, metering structures and appurtenant work. 29 Anaheim had ascertained the prevailing rate of wages for each type 3011 of labor needed to execute said contract and did set forth the 31 prevailing hourly wage scale so ascertained; and 32 WHEREAS, at a regular meeting of the City Council held on 1 CITY OF ANAHEIM 204 E. CENTER ST. ANAHEIM. CALIFORNIA '1 4 5 1 2j 3 1' 6 water, and performing all work necessary to construct and complete, 7 1 in a. good and workmanlike manner, in strict accordance with the 8 specifications, plans and drawings therefor on file in the office 9 1 of the City Clerk of the City of Anaheim, of a trunk sewer commenc 10' ing at Euclid Avenue and Crescent Avenue and extending eastwardly 11 i along said Crescent Avenue to Loara Street, and the following sewer 12 main laterals on Loara Street from a noint 1760 feet south of 1311 Crescent Avenue to West North Street, on West North Street from 14 Loara Street to a point approximately 160 feet west of North West 15 Street and on Burton Street from Loara Street to a point apnroxi- 161; mately 160 feet west of North west Street in the City of Anaheim, H 1 including manholes, metering structures and appurtenant work; and 18 1 '::HEREAS, the City Council did thereupon refer said bids to 19 H the City Engineer for examination, tabulation and report to the 20I City Council, 21 ulate said sealed proposals and report back to said City Council 2211 before the adjournment of said meeting; and 2311 WHEREAS, the City Council did meet in regular session on 24 1 the 12th day of August, 1952, at the hour of 8:00 o'clock P.M. to 25 consider the sealed proposals submitted for furnishing materials 26 and 27 11 28 c; 29 30 11 31 32 1 pletion CITY OF ANAHEIM 204 E. CENTER ST. ANAHEIM, CALIFORNIA d the 1?th day of August, 1952, 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 received up to that time, for furnishing of all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and and said. City Engineer did thereupon examine and tab- performing the work hereinabove more particularly described and set Yiorth, and the City EnQineer of the City o AnE:heiLa did there- 1 upon mz:e his report ancl 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.C. Box 231, Torrance, California, for the construction, installation and com- of said. Crescentvenue• Trunk Sewer and Laterals hereinabove -2- 111 mentioned and described was the lowest responsible proposal sub- 2 3 4J 5 6 7 8 9 10 the City Clerk of the City of Anaheim to execute a contract for 11 12 13L 14 15 labor, 16 portation, and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 mitted therefor, and thereupon accepted said bid and did award a contract to said J. E. Popovich for furnishing all plant, labor, services, materials and equipment and all utilities and transporta- tion, 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 for said trunk sewer and laterals as specified in said notice inviting sealed proposals, and did authorize the Mayor and and on behalf of the City of Anaheim with J. E. Popovich, which said contract was duly made and entered into on the 15th day of August, 1952; and WHEREAS, the said J. E. Popovich has furnished all plant, services, materials and equipment and all utilities and trans- performed all work necessary for the construction and completion, in a good and workmanlike manner in strict accordance with the specifications, plans and drawings, said trunk sewer and laterals as specified in the notice inviting sealed proposals and in the detail, desip;n, plans, orofiles, dra-An7s and sT)ecifications re,oare0_ aore Holyoke, City ED 'neer, and the contract made and entered into with him by the City of Anaheilli; and TH.L' City Enineer has duly certified to the con- struction and completion of said trunk sewer and laterals herein- above mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered. into 7,Ath said. J. E. Ponovich; and WHEREAS, the City Council advises that said contractor has completed said trunk sewer and laterals hereinabove more particu- larly 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 -3- 11,, in accordance with the contract documents. 2 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NOW, THERETORE, BE IT RESOLVED by the City Council of the 5 City of Anaheim that all plant, labor, services, materials and 4 ecuipment and all utilities and transportation, and the performance 1 51 of all work necessary to construct, install and complete in a good 61and workmanlike manner, in strict accordance with the specifications; 7 plans and drawings therefor on file in the office of the City Clerk 8 of the City of Anaheim, together with the appurtenances thereto of 9 said trunk sewer commencing at Euclid Avenue and Crescent Avenue and 10lextending eastwardly along said Crescent Avenue to Loara Street, and the following sewer main laterals on Loara Street from a point 1760 feet south of Crescent Avenue to West North Street, on West North Street from Loara Street to a point approximately 160 feet west of North West Street and on Burton Street from Loara Street to a point approximately 160 feet west of North West Street, in the City of -4-- 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 provisions of said contract and contract documents. That acceptance by the con- tractors of said payments made in accordance with said final estimat 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 any- thing relating to the work or any act or neglect of the City, its officers, agents and employees, excepting only claims against the ity for any amounts withheld by the City at the time of such payment. AND B IT FURTHER RESOLVED that the Mayor and the City Clerk Anaheim, by said contractor, be, and the same is hereby, accepted, 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 I; of the City of Anaheim be, and they are hereby, authorized to 2 execute and file a notice of completion of said work as reQuired 3 lby 4 T FORE a0IITC, RESOLUTION was signed and a by me 5 !thic 28th day of 1952. October 6 11 7 MAYOR OF THE GITY OF PNPHIM 811 9 CHARLES E. GRIFFITH, City Clerk 10 Deputy o TH E c/T TY 07 vILHEim —5-- 1 2 3 4 5 j 6 7 8 9 10 11 12 13 21 22 I 23 24 25 26 1 1 27 28 29 30 31 32 CITY OF ANAHEIM 204 E. CENTER ST. ANAHEIM, CALIFORNIA 14 15 said resolution on the 2 ib_.day of October 19___.52 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City 16 17 of Anaheim this _.?$t?L..day of QctQbe r 19__52_.. 18' 19 20 Deputy City Clerk of the City 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 26th.day by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: rearson, W"isser, Heytin and Doxir; NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Van yva;oxber. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed