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1961-6810RESOLUTION NO„ 6810 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT THE CHERRY WAY SEWER MPROVEMENT. FROM ROMNFYA B WE TO CrLEN DRIVE. IN TH E CITY WHEREAS, the City Council of th 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 9 on Januar 2 and Januar '1 1961 9 a no .,'.ce invit'_ng sealed proposa s or urn s ng e 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Cherry Way Sewer Improvement, consisting of the construction of an 8 -inch V.C.P. sewer line in Cherry Way, frcm Romneya Drive to Glen Drive, including excavation, backfill and flooding, construction of manholes and laterals, 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, Job No. 1209, in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. Piersall Cit En.ineer and the notice invting sea.!ed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 ouclock P.M. of the 9th day of are ha 61 9 and which said notice did sta an ec tt, pursuant t o 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 firth the prevailing hourly wage scale so ascertained, and WHEREAS, on Februar 9 1961 9 at the hour of 2.00 o °clock P a.nT ty Engineer of the City of Anaheim did open ,s: id sealed proposals received up to that time for the furnishing of all plant, labor, sere ices, materials and equipment, and all utilities and transportation,. including power, fuel and w,:.ter, 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 Offic of the City Clerk of the City of Anaheim, the public 1mprov:::ment hereinabove more parti- cularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California and the City Engineer did t.= _bulate 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 14th day of Februar 19 61 at the hour of o,clock ..M., cons: •er e sealed propos; -.is submitted ,or u nishing the materials and performing the work hereinabove more particularly described and set forth, egad did thereupon find and determine that the sealed proposal submitted by Plumbing or the constr�uction9 on ere'nabove mentioned and describ =d9 was the lowest respon: ibl -e proposal submitted th- ret'o,r, and thereupon accepted said bid and did award a contr,..ct to said P1umbing _Contractors Inc Sanitar Division 21 _W. Westminster AVe. Santa Ana Califor is for furnishing all plant, lab‘- o, services, mater°ia.l_s and equ' p= 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 c: ntract for and on behalf of the City of Anaheim with Plumbin ContractorsInc. Sanitar Division which said contract Was du.-,y made and enters n o on e 20th day of February 19 61 and WHEREAS, the said Plumbin. Contractors -_nc Sanita.r� Division has furnished a' p ant, abor, services, mater a s and equipment and all uti11ti s and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike m::,nner, in strict accordance with the specifications, plans, drawings, of said public improvement as specified in the notice inviting seal d proposals and in the detail, designs,plans, profiles, drawings and specifications pre- pared by Thornton E Piersall -.Cit En.sineer and the contract ma and entere into w -__LL_______ y he City of Anaheim; and II it a _lat.ion and comp et :'.on o as WHEREAS, the Director of Public Works has duly certified to the construct on an comp etion of sa'_• public im- provement hereinabove mentioned and described, in accordance with the plans and speecifications and the contract documents duly made and entered into with said Plumbin Contractors Inc. Sanitar Division 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 du said contractor'authorized in accord- ance 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 t and the per- formance of all work necesary to construct„ install and complete in a good and workmanlike mann r' in strict accordance with the speoifications plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement hereinabove more particularly described and set forth in the City of Anaheim by said contractor be and the same are hereby accepted subjeot 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 sawork as evidenced by the adoptio 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 i.e, accordance with the provisions of said contract and contract documents. That acceptance by the con- tractor of said payment,; made in accordance with said final estimate shall operate and shall be r-;iease 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 :mpioyees 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 ba aid they are h. =r_by authorized to execute and file a notice of completion of said work as required by law, THE FOREGOING RESOLUTION i approved and signed by me this llth day of April 1961 SEAL STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM of Anaheim do hereby cert introduced and adopted at a vided by law of the City Co l l t h day of of April 9 19 61 0 ._v NOES: COUNCILMEN:: None I9 9 City Clerk of the City that the o regoing resolution was regular meeting prom unc o the ity of Anaheim held on the April 9 19 61 9 by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte ABSENT: COUNCILMEN: None AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the llth day of April 9 19 b l IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day CLERk OF TT CITY OF NAH ttM