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1961-7119RESOLUTION NO. 7119 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 DURST STREET SEWER IMPROVEMENT, IN ORANGEFAIR, FROM APPROX. 333 FT. WEST OF LEMON STREET TO LEMON STREET, THENCE NORTHERLY APPROX., 20 FT. IN LEMON STREET TO DURST STREET. THENCE EASTERLY APPROX. 656 FT. IN DURST ST., JOB NO. 1214 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 :'May 16 and 23 19 61 a notice inviting sealed proposals for furnishing the folowing: 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 ac- cordance 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 Durst Street Sewer Improvement, consisting of the con- struction of an 8 -inch V.C.P. sewer line in Orangefair, from approximately 338 feet West of Lemon Street to Lemon Street, thence Northerly approximately 250 feet in Lemon Street to Durst Street, thence Easterly approximately 656 feet in Durst Street, partly in the City of Fullerton and partly in the City of Anaheim, including excavation, backfill and flooding, construction of manholes and laterals, and all appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer of the City of Anaheim, Job No. 1214; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department 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 1st day of June 1961 and which said notice did state and declare that, pursuanrto 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 une 19_61_9 at the hour of 2 :00 o'clock P. the City Clerk anty 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, a id 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 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 6th day of June 196 at the hour of 3 s' o'clock P.M., consider the sealed proposals submitted ?or"'ruir- 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 SANTkANA VALLEY Oz 0. Box 2 6 Garden Grove C lif. or e cons rue on ns a a on an comp e on o sa D,,, urst ere na•ove men one an• sar be was t e owes respons e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said SANTA ANA VALLEY CONTRACTOR. INC. or urn s ng a p an a•or, sery cos, 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 ____aaLTAII which said oontraot was duly made and entered into on the 7th day of June a 19.,x,.,; and WHEREAS, the said T V, EY •NTRACTO has urn a p an a sery ces, 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, profiles, drawings and speoifioations pre- pared by he P b1i Wok ppepar ment and the contract ma and en nto with it by the City of Anaheim; and WHEREAS, the 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 Ike 1 1 -.2- an WHEREAS, the City Council finds that said contractor has oompleted said public improvement hereinabove more particularly described in accordance with the provisions of the contract and the oontraot documents, and that notice of completion should be filed and payment of the balance due said oontraotor'authorised in a000rd- anoe 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 per- formance of all work necessary to construct install 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 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 it thirty -five (35) days from and after final acceptance of said 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 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 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 15th day of August 19 61 0 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE se. CITY OF ANAHEIM 19 DENE M. W LLIAMS_._, of Anaheim do hereby certify that introduced and adopted at a vided by law of the City Co 15th day of August 9 9 City Clerk of the City the foregoing resolution was o regular meeting pro unci the ity of Anaheim held on the 19 61 9 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 i5th day of August 9 1961 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of August 19 61 (SEAL) _3m