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72R-015 ._.. RESOLUTION NO. 72R-15 .---.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AllD 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 IMPROVEMENT, TO WIT: THE SUNKIST STREET SEWER IMPROVEMENT PROM HOWELL AVENUE TO BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1227. 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 8th and the 15th days of Julv , 19 71 , a not1ce 1nv1ting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and perfo~ing 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 Sunkist Street sewer ~provement from Howell Avenue to Ball Road, in the City of Anaheim, con- sisting of the construction of approximately 1628 L.F. of 12" V.C.P.~ 1235 L.F. of 10" V.C.P.; 1659 L.F. of 8" V.C.P. and 669 L.F. of 6" V.C.P. includ- inq jacking of 24" 0.0. casinq, manholes and appur- tenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 1227. in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public Works , 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 22nd day of JU~y , 19 71 , and which said notice did state and WHEREAS, on July 22 , 19 71 , at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work neces- sary 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, 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 next -------- regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next ----- regular meeting, held on the 27th day of July , 19 71 , at the hour of 1: 30 0 I clock 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 dete~ine that the sealed proposal submitted by Fa~c Pipeline, Inc., 1240 E. Hunter Avenue, Santa Ana, California for the construction, installation and completion of said Sunkis't S'tree't sewer imDrovement. Work Ord~r No... 1227 here1nacove ment10ned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said Farmac Pipeline, Inc. . for furnishing all plant, labor, services, materials and equipment and all utilities and transpor- tation, 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 Farmac PiDeliner Inc. Wh1Ch sald 29th day of contract was duly made and entered into on the Julv , 191!--; and WHEREAS, the said Far.mac PiD~line, Inc. has furnis ed a~l plant, labor, services, materials and equipment and all utilities and trans- portation, and performed all work necessary for ~he construc~ion 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 detailed designs, plans, drawings, and specifications prepared by the Deoartmest of Public WOikS , and the contract ma e and entered nto with it by the City of Anaheim; and WHEREAS, the Direct9~ of ~lic WOUIiI has duly certified to the construct1on an completion of lIa1d nnhl it'! imnrn"AmAn+- hA"'A;"::Ih^~rA 'M8"+-';"""8A "!!!II_A A_...,.__':"'_.-:I .:_ _____.:1 WHEREAS, the City Council finds that said contractor has completed said public improvement 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 cont.ractor authori.zed in accordance with the contract documents. 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 . performance of all work necessary to construct, install and com- plete, 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, toqether with the appurtenances thereto, said public improvement herei~- above more particularly described and set forth, in the City of Anaheim, 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 con- tractor for said work be paid to it thirty-five (35) days from and afte~ final acceptance of sa1d 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 contractor of said payments made in accord- ance 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 anything relating to the wozk or any act or neglect of the City, its officers~ agents and em- ployees, .excepting only claims against the City for amounts. with- held by the city at the time of such payment. AND BE IT FURTHER RESOLVED tmat the Mayqr and the Ci ty Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 11th day of Janna.'r"Y , 19...1.2..-.. ATTEST: ~ N.i2~ CITY CLERK OP THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OP ORANGE ) ss . CITY OP ANAHEI14 ) ............ I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-15 was passed and adopted at a reqular meeting of the City Council held on the 11th day of January, 19 72, by the fOllowinq vote of the members thereof: --- AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I PURTHER CERTIFY that the Mayor of the City of Anahe~ approved and siqned said resolution on the 11th day of _ _ Januarv ,19..l.l-. IN WITNESS WHEREOP, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of Januarv , 19..1L... f)~ ~.~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-15 duly passed and adopted by the Anaheim City Council on January 11, 1972. ~M.~ City Clerk .---"