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1961-6755RESOLUTION NO. 6 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 UTLLITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT v THE OLIVE STREET SEVER IMPROVEMENT FROM LA FALMA AVENUE TO COMMERCIAL STREET THE CITY OF ANAHEIM JOB NO. 1199. WHEREAS the City Council of th City of Anaheim did cause to be published in a newspaper of general circulation printed published and circu1atd in the City of Anaheim to wit The Anaheim Bulletin n November 2•th and December 6th 19 60, a notice n ivit ng sealed proposa i_ o urn s ng e following: IN 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 Olive Street Sewer Improvement, consisting of the construction of 8 -inch V.C.P. sewer laterals in Olive Street, from La Palma Avenue to Commercial Street, in the City of Anaheim, including excavation, flooding and backfill, construction of manholes, and appurtenant work as more particularly set forth in the plans and specifi- cations on file in the Office of the City Clerk or City Engineer, Job No. 1199; in accordance with the designs plan profiles and specifica- tions prepared by Thornton E. Piersajl, City Engineer and the notice inviting sealed proposa:lls which said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 ooclock P.M. of the 1th day of ecemb 0 and which said notice did state an dec are that pur.-uant 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 December 15th 19 60 at the hour 2:00 oOclock PeMo the City U' e k andiity Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor ser<<,ices 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 accordanc 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 parti- cularly 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 adjourned regular meeting; and WHEREAS the City Council of the City of Anaheim did at its next adjourned regular meeting, held on the 20th day of December r 9 19 60 at the hour of 3 :00 ovolook P consider the sealed proposals submitted or nishing 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 ORANGE WUNTY CO 1 06 North Clinton Santa Ana Cali ornia e construe on9 nstailitUrn an comp a on o sa v St. ent ob No. 11•` nabove mentioned and described, was the .west respone ire proposal submitted therefor and thereupon accepted said bid and did award a contract to said ORANGE ODUNTY CONST. CD., 1506 North Clinton Santa Ana, Ca orn a, or urn sh ng a p ant iabor servicoes, mater i s an equ p® went 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 contract for and on behalf of the City of Anaheim with ORANGE COUNTY CONST. CO. which said contract was u an day of December 9 1960 and WHEREAS the said ORANGE COUNTY OONST. CO. has urn s e a p a n a serv' materials and equipment and all utilities and transportation and performed all work necessary for the construction and completion in a good and workmanlike manner in strict accordance with the specifications, plans, drawings of said public improvement as specified in the notice inviting sealed proposals and in the detail, designs, plans, profile drawings and specifications pre= pared by Thornton E. Piersall, City Engineer, 9 and the contract ma•e an• en sere n w •y •e City of Anaheim; and 0 on S the Director of Public Works i rks has duly certified to the construe on an comp e','on o sa public im- provement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said j o: Co 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 due said contractor'authorized in accord- ance with the contract documents. -2- an NOW THEREFORE HE IT RESOLVED b the City Council of the City of Anaheim that all plant labor serv1ces materials and equipment and all utilities and transportation and the per- formance of all work necessary to construct install and complete in a good and workmanlike mann r in strict accordance with the epeoifioations 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) daye from and after final acceptance of iirniiirk 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 suoh sum or sums as may lawfully be withheld i accordance with the provisions of said contract and oortra ©t dc. oumments o That acceptance by the con- tractor of said payirment made in accordance with said final estimate shall operate and shall be release to the City of Anaheim its officers agents and emplgyees 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 payment AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anahei, 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 2lst day of March 9 19 61 STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM I9 DEN£ M. WILLIAMS of Anaheim do .ereey certi, y t at t introduced and adopted at a vided by law of the City Council o the 21st day of March a 19 (SEAL) AYES NOES d COUNCILMEN None -3. 9 City Clerk of the City oregoing resolution was regular meeting pro- i y of Anaheim held on the 61 by the following vote COUNCILMENa Chandler, Coons, Fry, Thompson and Schutte ABSENT o COUNCILMEN o None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the .2lst day of 19 61. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day' 0f Marc a 19 6j 0 r