1952-1926-A2
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE
FURNISHING OF ALL PLANT, LABOR, SERVICES,
MATERIALS AND EQUIPMENT AND PERFORMING
ALL WORK NECESSARY FOR THE PAINTING OF
52. MANHOLES IN THE MAGNOLIA TRUNK SEWER
AND PUMPING PLANT AND FORCE MAIN OF THE
ORANGE COUNTY JOINT OUTFALL SEWER AND
FINALLY ACCEPTING THE COMPLETION THEREOF,
AND AUTHORIZING PAYMENT OF THE BALANCE
DUE SAID CONTRACTOR.
WHEREAS, the City Council of the City of Anaheim, as
contracting agent for the Uities of Anaheim, Fullerton and Orange
and the Buena Park, La Habra, Garden Grove and Placentia Sanitary
Districts, duly published a notice in the Anaheim Bulletin, a
newspaper of general circulation, inviting sealed proposals for
the furnishing of all plant, labor, services, materials and equip-
ment and performing all work necessary for the painting of fifty-
two (52) manholes in the Magnolia Trunk Sewer and Pumping Plant
and Force Main of the Oran,_e County Joint Outfall Sewer, in strict
accordance with the specifications and drawings on file at the
office of the City Clerk, which notice specified that sealed pro-
posals as specified in said notice would be received up until 8:00
o'clock P. M. on the 25th day of September, 1951, and which said
notice did 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 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 25th day of September, 1951, at the hour of 8 :00 o'clock
P. M. of said date, the City Council of the City of Anaheim did
hold a public hearing for the purpose of opening of sealed pro-
posals received up to that time for furnishing of all plant, labor,
services, materials and equipment and performing all work necessary
for the painting of fifty -two (52) manholes in the Magnolia Trunk
Sewer and Pumping Plant and Force Main of the Orange County Joint
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Outfall Sewer, all in strict accordance with the specifications
and drawings on file in the office of the City Clerk of the City
of Anaheim in the City Hall, Anaheim, California, as specified
in said notice inviting sealed proposals and did at said time and
place open all said sealed proposals received; and
WHEREAS, the City Council of the City of Anaheim did there
upon refer said bids to the City Engineer of the City of Anaheim
and to the Chief Engineer of the Joint Outfall Sewer of Orange
County for tabulation and report, and said City Engineer and said
Chief Engineer did tabulate said bids and did report to the City
Council of the City of Anaheim their findings; and
WHEREAS, the City Council of the City of Anaheim did
thereupon find and determine that the sealed proposal of J. F. Jus
7251 East Fourth Street, Long Beach, California, for furnishing
said plant, labor, services, materials and equipment and performin
said work as specified in said notice inviting sealed proposals
and in the plans and specifications to be the lowest responsible
bid received for the furnishing thereof and thereupon accepted
said bid and did award a contract to said J. F. Just for furnish-
ing said plant, labor, services, materials and equipment and per-
forming said work in accordance with the notice inviting sealed
proposals and the plans and specifications, and did authorize the
Mayor and the City Clerk of the City of Anaheim, as contracting
agent aforesaid, to execute said contract with said J. F. Just,
which said contract was duly made and entered into on the 10th
day of October, 1951; and
WHEREAS, the said J. F. Just has furnished all plant,
labor, services, materials and equipment and performed all work
necessary for the painting of said fifty -two (52) manholes, in
accordance with the notice inviting bids, the plans and specifi-
cations and the contract made and entered into by him with the
City of Anaheim as such contracting agent; and
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WHEREAS, Nat H. Neff, Chief Engineer of the Joint Outfall
Sewer of Orange County, California, has duly certified to the com-
pletion of said contract in accordance with the plans and specifi-
cations; and
WHEREAS, before the completion of the painting of said
fifty -two (52) manholes there occurred an extraordinary storm with
flood conditions which rendered it impossible for said contractor
to complete said work and project in the time and in the manner
as set forth in the specifications and that it was necessary be-
cause of said emergency conditions to use a butane flame for dry-
ing out said fifty -two (52) manholes; that this required extra
work and was necessary for the protection of the work that had
previously been done by the contractor and was to the advantage
and best interests of the said Cities and Sanitary Districts;
that the cost of said extra work is the sum of Two Hundred Sixty
and no /100 ($260.00) Dollars and the City Council of the City
of Anaheim does hereby find and determine that said extra work
was necessary because of said extraordinary storm and that the
charges therefor are reasonable and should be paid; and
WHEREAS, the City Council of the City of Anaheim finds
that said contractor has completed the painting of said fifty
two (52) manholes of said Magnolia Trunk Sewer and Pumping Plant
and Force Main in accordance with the provisions of the contract
and contract documents and that said work should be finally
accepted and a notice of completion filed and payment of the
balance due said contractor authorized in accordance with the
contract documents and as herein provided; and
WHEREAS, said Cities and Sanitary Districts have duly
passed and adopted resolutions accepting the completion of said
work and authorizing and directing the City of Anaheim, as con-
tracting agent for said Cities and Sanitary Districts, to file
a notice of completion and directing the City of Anaheim to pay
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the balance due said contractor in accordance with the contract
documents thirty -five (35) days after final acceptance of said
work but not sooner than thirty (30) days from and after the filing
of notice of completion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ANAHEIM that all of the work and the completion of
the painting of fifty -two (52) manholes in the Magnolia Trunk
Sewer and Pumping Plant and Force Main of the Orange County
Joint Outfall Sewer, together with the appurtenances thereto by
said J. F. Just, be, and the same is hereby, accepted, subject
nevertheless to all of 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 by said Cities and Sanitary District
but not sooner than thirty (30) days after the date of the filing
of notice of completion, excepting only sucn sutra or sums as may
lawfully be withheld in accordance with the provisions of the said
contract and contract documents; that acceptance by the contractor
of said payments made in accordance with said final estimate
shall operate and shall be a release to the contracting agency and
said Cities and Sanitary Districts and their officers, agents and
employees from all claims and liabilities due the contractor
for anything done or furnished or withheld and for anything re-
lating to the work or any act or neglect of the contracting agency
or said Cities and Sanitary Districts,their officers, agents and
employees, excepting only claims against the contracting agency
for any amounts withheld by the contracting agency at the time
of such payment.
AND BE IT FURTHER RESOLVED that there be paid to said
contractor the sum of Two Hundred Sixty and no /100 (iD260.00)
Dollars for extra work performed by him and made necessary as a
result of an extraordinary storm occurring during the progress
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of said work and rendered necessary to be done to keep said projec
in accordance with the plans and specifications.
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.
AND BE IT FURTHER RESOLVED that the City of Anaheim does
hereby resolve and agree to pay its proportionate share of the
cost of said work in the proportion heretofore agreed upon by
said Cities and Sanitary Districts for the construction and com-
pletion of said Magnolia Trunk Sewer and Pumping Plant and Force
Main.
THE FOREGOING RESOLUTION is signed and approved by me this
/2? day of February, 1952.
ATTEST:
OF THE C 0 ANAHEI M
Pro Tem
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STATE OF CALIFORNIA
COUNTY OF ORANGE sse
CITY OF ANAHEIM
I, CHARLES E. GRIFFITH, City Clerk of the City of
Anaheim, do hereby certify that the foregoing Resolution was pass
and adopted at a regular meeting of the City Council of the City
of Anaheim held on the /5 day of February, 1952, by the follow-
ing vote of the members thereof:
AYES: COUNCILMEN: Wisser, Heying, Boney and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Pearson
Pro Tem
AND I FURTHER CERTIFY that the Mayor of the City
of Anaheim signed and approved said Resolution on the 13th day
Obf February, 1952.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 13th day of Februar
1952.
L..
CI =air ERA OF T I'i'Y OF ANAHEI