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1961-6649RESOLUTION NO. 6649 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 UT.I.LITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT o- THE STANTON AVENUE SEWER IMPROVEMENT FROM BALL ROAD TO ORANGE AVENUE IN THE CITY O ANAHEIM. JOB NO. 11�L. WHEREAS, the City Council of the City of Anaheim did cause to be published in a new paper of general circulation,. printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin 9 or, e.tember 20 and Se.tember 2 19 60 9 a not c c, nvit ng sealed proposa _s or urn s '_ng e MI-Ming: 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 Stanton Avenue Sewer Improvement, consisting of the construction of 8 -inch V.C.P. sewer in Stanton Avenue from Ball Road to Orange Avenue, in the City of Anaheim, including trenching, backfill and flooding, construction of 4 -foot I.D. brick manholes, including excavation and castings, construction of 4 -inch laterals, including wyes and stoppers, trenching, backfill and flooding, resurfacing, including driveways, 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. 1191; in accordance with the designs, plans, profiles ar4d specifica- tions prepared by Thornton E. Piersall, City Engineer 9 and the notice inviTiEria whim said notice specified that sealed proposal as specified in said notice would be received up until ouclock P.M. of the 1 tthh day of Oc tob er l 0 9 and which said notice did state 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 13 9 19_121}9 at the hour 2:00 o P.M., the C ity Clerk and City Engineer of the City of Anaheim did open said seals d proposal received up to that time for the furnishing of all plant, labor, serti ices, materials and equipment, and all utilities and transportation,, including power, fuel and water, ar d 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 tmprovment 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 t its next ad.jo fined regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adjourned__ regular meeting, held on the 18th day of c be 9 1 9 60 9 at the hour of 00 ovclock cons er Sealed ppos `s submitted or nishing the mat rials and performing the work hereinab.•;ve more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by FRED W. KERNS, 310 Myrtle Street LonaBeach California or the construction installation and comp -2- ere'_nabove mentioned any described, was the :'_owest r= pon„ib7_e proposal submitted th re pr o and thereupon accepted said bid and did award a contract to ,-aid FRED W KERNS, 1310 Myrtle Street Lona Beach California or furnishing 11 plant, labor, services, materials 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 mann r in strict accordance with the specifications, plans, and drawings, the said public improvement as specified in said notiez inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of Anaheim to execute s contract for and on behalf of the City of Anaheim with FRED W., KERNS which said contracts was du-,y made and enterer: n o once 2 th day of October i9 (Q.; and WHEREAS, the said FRED W. KERNS has furnished a 1 p ant, abor sere ces, mater a s and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike mr.nner 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, profiles, drawings and specification, pre- pared by P' r s_ 1 1 CitEn.ineer and the contract ma •e and en ere into w'_;; him •y he City of Anaheim; and WHEREAS, the e'r has duly certified to the construe on and comp:'.etion of said public im- provement hereinabove mentioned and described, in accordance with the plans and sp:'cifioations and the contract documents duly made and entered into with said FRF11 W_ F NS O 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 notic of completion should be filed and payment of the balance due said contractor'authorized in accord- ance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Coundii of the City of Anaheim that r::11 p1a?• t labor, services, materials and equipment and all utiiiti s and transportation, and the per- formance of all work nec -ssary to construct, install and complete, in a good and workmanlike man e in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenance:, 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, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said contractor for said work b paid to him thirty -five (35) days from and after final acceptant of saw ork as a idenced by the adoption of this resolution, but not sooner th.n thirty (30) days after the date of the filing of notic of completion, excepting •n1y such sum or sums as may lawfully be wi. hh. id in accord me with the provisions of said contract and oertract documents. Th„ t acceptance by the con- tractor of :,aid payments made in accordance with said final estimate shall operate and shall be release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for nything done .r furnished or withheld or for anything relating to the work or any -.ct 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 Anah:sim be, nd they are hereby authorized to execute and file a notic:; of completion of said work as required by law THE FOREGOING RESOLUTION is approved and signed by me this 7th day of February 19 61 ATTEST (SEAL) Fehrv.ar; 9 19 Eil 0 STATE OF CALIFORNIA COUNTY OF ORANGE s,s CITY OF ANAHEIM I, DFNE_LLIAMS City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Counci of the icy of Anaheim, held on the 7th day of February a 19,61 9 by the following vote: AYES COUNCILMEEN Chandler, Coons, Fry, Thompson and Schutte NOES: COUNCILMEN o: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approv d and sign -d said resolution on the 7th day of IN WITNESS WHEREOF, I have h- reunto set my hand and affixed the official seal of the City of Anaheim this 7th day of February 9 1961