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1961-7198RESOLUTION NO. 7198 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 CONSTRUCTION AND INSTALLATION OF ARTERIAL -INC WA E' JEFFERSON ROAD FROM SOUTH SIDE OF FREEWAY TO APPROXIMATELY LA PALMA AVENUE IN THE CITY OF ANAHEIM, WORK ORDER NO. 4.003. 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 September 27 and October 4 1960 a notice inviting sealed proposals for furnishing the foowing: 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 construction and installation of Arterial 36 -inch Water Main, Unit No. 1, in Jefferson Road, from south side of Freeway to approximately La Palma Avenue, in the City of Anaheim, including apprtenances, as more particularly set forth in the plans and specifications on file in the Office of the City Engineer, Work Order No. 4003; in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. Piersall, City Engineer 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 13th day of C)ct b r 1960 and which said n 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 19 60 at the hour 2:00 o'clock e �Cit y C l e rk and City Engineer of elm 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, a w:a:. 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 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 tc the City Council at its next adlourned regular meeting; and WHEREAS the City Council of the City of Anaheim did at its next ad ourned regular meeting held on the 18th day of October 19 60 at the hour of ofelock s er con a sealed proposals submitted o3 r 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 ERNEST C. COLLINS 120 Weber Avenue Com ton California f or the construc installation an comp a ono sa Arterial 6 -inch W.ter Main nit o 1" k!_ de nabove mentioned and described, was the owest responsib e proposal submitted therefor and thereupon accepted said bid and did award a contract to said ERNEST C. COLLINS CO.. h20 Weber Avenue. Compton California for furnishing al plant, labor services, ma_er a.s an 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 contract for and on behalf of the City of Anaheim with ERNEST L N which said contract was u y made and enters n o on e 27t day of October 19 60 and WHEREAS the said ERNEST C. COLLINS CO. has furnished all plant, labor services, 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 designa,plans, profiles drawings and specifications pre- pared by Thornton E Piersall Cit En. ineer and the contract ma•e an en ere. n o w it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said 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 ERNEST C COLLINS CO.. 0 Weber Avenue. Compton. California 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- 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 per- formance of all work necessary to construct, install and complete, in a good and workmanlike manne 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 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, 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 thirty -five (35) days from and after final acceptance of sa 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 docume)pts. That acceptance by the con- tractor of said payments made in accordance 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 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 Anaheim he 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 19th day of eotember 9 1 9 1 1')0 ATTEST (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DFNF M 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 it of Anaheim, held on the 19th day of September 19 61 by the following vote: AYES. COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN:: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 19th day of September 19 61 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of September 19 61