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64-334RESOLUTION NO. 64E-$34 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 AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT, TO WIT: CONSTRUCTION OF A SERVICE ROAD FOR WATER TRANSMISSION MAIN UNIT NO. 6, EXTEND- ING F~OM THR~ PRESENT"TERMINU~ OF LINCOLN AVENUE', APPROXIMATELY 2100 FT._ EAST OF T~E NOKL CANYON ROAD, TO SANTA ANA CANYON ROAD, PHASE 1 OF. JOB NO. 797. 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 3rd and 10th days _o_f October 19 63 , a notice inviting sealed"'"pr~posals -for furnishing the following' Ail 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The constrdction of a service road for Water Transmission Main Unit No. 6, extending from the present terminus of Lincoln Avenue, approximately 2100 feet east of the Nohl Canyon Road, to the Santa Ana Canyon Road, in the County of Orange, consisting of the construction of a graded roadway, including clearing and grubbing; excavation, including haulaway and disposal; installing 12 to 42-inch Reinforced Concrete Pipe; 12 and 24-inch Corrugated Metal Pipe; 4-inch Vitrified Clay Pipe sub-drain, including sand and gravel drain; drilling and maintaining perculation holes; protecting, watering and seeding cut and fill slopes, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Phase 1, Job No. 797. in accordance with the designs, plans, profiles and specifica- tions prepared by Boyle Engineering , and the notice inviting-sealed proposals, whiCh 'said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o"clock P. M. of the 17th day of October .... , 19 63 _, 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, on October 17 , 19 63 , at the hour of 2'00 o'clock P. M. ,' 'the" c'ity'"Clerk and City Engineer of -1- the City of Anaheim did open said sealed proposals received up to that time for the fuz-nishing of all plant, labor, services, materials and equipment, and al!. utilities and transportation, in- c!uding power, fuel and water, and per~orn~ing all work necessary to construct and complete, in a good and worlonanlike manner, in strict accordance with the specifications, plans and drawings there- for on file in the Office of the City Clerk of the City of Dmaheim, the public improvement hereinabove more particularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said. sealed proposals and did make a report to the City Council at its ~I~¢× -- regular meeting; and WHEREAS~ the City Council of the City of Anaheim did, at its ~ -- regular meeting, held on the 5th day of November , 19_~3 ..... , at the hour of 3'00 o~ P.M., consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by ~TRgCKER CONSTRU_Q_~; P.O. Box 5275; Long Beach 5~ C__ali~ for the construction, installation and completion of said service road for Water Trans- mission Main Unit No. 6~ Phase 1 of-3ob No. 797 - hereinabove mentioned, and described, was the lowest responsible pro- posal submitted therefor, and. thereupon accepted said bid and did award a contract to said _ST~C~RCON_.$TRUCTI_QN co~,,~,_ ,, ~ for furnishing all plan~, l~ab~or "'~'r, vices, 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, the said pub- lic 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 ~aheim with STR~ CKER CONSTRUCTION CO. wh~ich said contract was duly made and entered into on the 8th day o f November _, 1963 __; and ~,3HEPgAS, the said .~, STR..ECKER CONSTRUCTION CO ..... has ~Urnished all plant-' %abor'- set- - vices, materials and equipment and all utilities and transportation, and. performed all worl; necessary for the construction and completion, in a good and worl~anlike manners, in strict accordance with the speci- fications, plans and drawings of said. public improvement as specified in the notice inviting sealed proposals and in the detailed desi~s, plans, draw~ ~- ~ _ zn~s, and specifications prepared by .... Boy~.~EngineerinK , and the contract made and entered into with it by the City of Anaheim; and WHEF~EAS, the Director of Public Works has duly certified to the construction and corap-i~et'ion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said STRECKER CONSTRUCTION CO, WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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~ i'HEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, service~, n~at~riais and equipment and all utilities and transportation, and the for~nance of all work necessary to construct~ install and comple[-~, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on. file in the Offica of the City Clerk of the City of Anaheim~ together with the appurtenances thereto~ said public improvement hereinabove more particularly described and set forth, ~x~k~~~ by said contractor, be, and the same are 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 provisions of ~aid contract and contract documents. That acceptance by the con~ tractor of said pa)nnents made in accordance wit. h 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 anything 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 pa~ent. AND BE IT FURTHER RESOLVED that the Mayor and the City Clark of the City of Anaheim be, and they are hereby a~thorized to ex'cute and file a notice of completion of said work as required by law. 12th . CIT'Y CLERK OF THE CITY OF AN~EIM \ THE FOREGOING RESOLUTION is approved and signe~ by ma this day of _ May = , 19 64 ~ · ~Ro Tm~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, __DENE M. WILLIAMS _, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was intro~ duced and adopted at a .... regular meeting provided by law of the City Council o-~ City of Anaheim, held on the 12th day of _ May ......... , 19 64 . AYES: COUNCILMEN'g Pebley, Schutte, Krein and Dutton NOES° COUNCILMEN~ None ABSENT~ COUNCILMEN~ Chandler Pro Tern AND I FURTHER CERTIFY that the Mayo~ of the City of Anaheim approved and signed said resolution on the 12th day of. Ma__y , 19 64 . -------- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th of May , 19 64 . (SEAL) day CI'f~f CLERK OF THE cITY'OF '~NAHEIM -3-