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1961-7428RESOLUTION NO. 7428' 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 LA PALMA AVENUE SEWER IMPROVEMENT. FROM PLACENTIA AVENUE TO APPROXINIATFLY 1329 FEET WEST OF PLACENTIA AVENUE. IN THE CITY OF WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation r printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bul eti 9 on `July 2 th [kQ nd uu s# 1s 19 a notice inv sealed proposals f or furnishing the following: owing: 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 La Palma Avenue Sewer Improve- ment, consisting of the construction of an 8 -inch V.C.P. sewer line in La Palma Avenue from Placentia Avenue to approximately 1320 feet west of Placentia Avenue, in the City of Anaheim, including excavation, backfill and flooding, construction of manholes and laterals, 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. 1224; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department 9 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 10th day of August 19 61 and which said notice 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 August 10 19 61 at the hour of 2 :00 o'clock P.M., the City Clerk and City 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, ai 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 15th day of August 9 1961 9 at the hour ofd 00 o'clock P consider a 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 COUNTY SEWERS INC. 1 06 Clinton St. Santa Ana C.lif. TOT construction, insta at on an comp e La Palma Avenue Sewer Improvement Job No. 1 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 ORANGE COUNTY SEWERS, INC. for furnishing all plant, labor, services, materials and equip- 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 ORANGE COUNTY SEWERS INC. which said con ract was u y ma a an enters n o on a th day of August 9 19 61 and WHEREAS, the said ORANGE COUNTY SEWERS, INC. 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, designs,plans profiles, drawings and specifications pre- pared by the Public Work De 9 and the contract mad t e and entered into with it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construe on an co et on of 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 ORANGE COUNTY SEWERS, INC. 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 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 th. City Council of the City of Anaheim that all plant laboa° services materials and equipment and all utilities and tranaportation 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 speoifications 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 evid,nccd 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, Th :t .;.cceptance 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 empl• -yees 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 th Mayor and the City Clerk of the City of Anaheim be and they are hereby .uthorized to execute and file a notice of ccompletic.n of said work as required by law, ATTEST STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM (SEAL) I D CITY CLERK 0 THE CITY OF ANAHEIM THE FOREGOING RESOLUTION is appr. ed and signed by me this 12th day of December 9 19 61 of Anaheim do hereby certi that introduced and adopted at a vided by law of the City Co 12th day of December NOES: COUNCILMEN: None -3® 9 City Clerk of the City the foregoing resolution was regular meeting pro unci o he t ity of Anaheim held on the 1 9 .1 by the following vote: AYES, COUNCILMEN: Chandler, Fry, Thompson and Schutte ABSENT; COUNCILMEN: Coons 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 6 61 1 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12h day of December 9 19 61 CITY CLERK 01 THE CITY OF ANAHEIM