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1961-7451RESOLUTION NO® 7451 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: RELOCATE EXISTING FENCE AND F1JANISM AND INSTALL 20 -FOOT CORR 7A_ _TED METAL FENCE ALONG SOUT SIDE OF DURST STREET. IN THE CI7'Y OF ANAHEIM JOB NO. 60 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 Aw ust s nd th 19 61 a notice inviting sealed proposa for urnishing the 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: Relocate approximately 413 feet of an existing corrugated metal fence, and furnish and install a 20 -foot high, cor- rugated metal fence (approximately 765 feet) along the south side of Durst Street, located approximately 905 feet south of Orangethorpe Avenue, intersecting Lemon Street and extending easterly from Lemon Street, in the City of Anaheim, including removal, haulaway and disposal, 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. 605; 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 17th day of 19 61 and which said notice did state an ec e ar t, p ursuant 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 Auou t 17th n 19 h1 at the hour of 2:00 o'clock P.M., the Ci y Clerk and City Engineer of �lr 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,as'i 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 t 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 22nd day of August 19 61 y at the hour of 3:00 ovolock P,M,, consider the sealed proposals submitted Tor fur- 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 HARRIS FENCE COMPANY 1 0 Orange Avenue Lon Beach C.if. he construction, insta ation an comp ted metal fence alonu south side of ere nabove mentioned and described, was the owest responsib e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said HARRIS FENCE COMPANY. 3150 Orange Avenue Lon g.__ Be- chC.liforni or furnishing al plant, labor, services, ma er a an equ pm 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 HARRIS FENCE COMPANY which said contract was u y ma a an entered 23rd day of August 19 61 and WHEREAS, the said HARRIS FENCE COMPANY has urn s i a pan abor, sere 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, design,, plans, profiles, drawings and specifications pre- pared by the Public Works Department and the contract made and entered into with 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 HARRIS FENCE COMPANY 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- and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that all plant labor services material 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 Araheim together with the appurtenances thereto said public improvement hereinabove more particularly described and set forth in the City of Anaheim by said c:ontractor be and the same are hereby accepted subject neverthelees 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 avid nc -:d 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 ts, That acceptance by the con- tractor of c aid payment made in accordance with said final shall operate and shall be a r-lease to the City of Anaheim its officers agents and employee from all claims and liabilities due the contractor for anything done or furnished or withheld or for anything r:= lating to the work or any act or neglect of the City its officers agents and employees excc <:pting 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 uthorized to execute and file a no tice of completion of said work as required by law, THE FOREGOING RESOLUTION is approved and signed by me this 12th day of December 9 19 6 61 1 o STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM I DENE M. WILLIAMS of Anaheim do hereby certi y that introduced and adopted at a vided by law of the City Co 12thday of December MI OM -3- 9 City Clerk of the City the foregoing resolution was regular meeting pro- unc o he it t y 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 12th day of December 9 19 61 0 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of December a 19 61 0 C Cl ERE OF THE CITY OF ANAHEIM