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1961-7427RESOLUTION NO. 7427 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: TH, E WEST RN- LINCOLN AVENUE SEW, ER, IMPROVEMENT IN E TE' r sA u! Y 3 FEET SOUTH OF LINCOLN AVENIIF: TO I. TNCOI,N AVENUE AND IN LINCOLN AVENITF FROM APPROX TM(.TFI Y 5u5 FEET WEST OF WESTERN AVENUE TC) APP$OX TMATFI Y 970 FEET WEST OF WESTERN AVENUE, JOB NO. 1231. 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 9 on aeptember 12 and Sco mhe e s 19 61 a notice inviting sealed proposals for furnishing h foliowing: 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 Western- Lincoln Avenue Sewer Improvement, consisting of the construction of an 8 -inch V.C.P. Sewer Line in Western Avenue from approximately 358 feet south of Lincoln Avenue to Lincoln Avenue and in Lincoln Avenue from approximately 545 feet west of Western Avenue to approximately 970 feet west of Western Avenue, in the City of Anaheim, including jacking of a 22 -inch steel casing under Lincoln Avenue, excavation, backfill and flooding, construction of manholes and laterals, and appurtenant work as more particularly set forth in the plans and specifi- cations on file in the Office of the City Clerk or City Engineer, Job No. 1231; 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 28th day of September 9 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 9 1 9 61 at the hour 2.00 o P.M., the C i t y Clerk and City Engineer of �l� 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 and 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 tc 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 3rd too day of Ocbe rr�s 1961 at the hour of :00 o /clock P consider the 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 STALER INC., P B. 120 sran.e aliforn a or the construction insta at on an comp a on o sa Western Lin in Avenue Sewer Im•rovement Job No 12 1 ere nabove menti ned and described» was the owest responsible proposal submitted therefor and thereupon accepted said bid and did award a contract to said STALER INC.. P. O. Box 1205. Orange, California_ or furnish ng a plant abor services» ma er a an equ p meet 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 STALER INC, which said coiragiinza7TurrizaTin enters n o on a t. day of October 1961 and WHEREAS the said STALER 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 designa,plans profiles drawings and specifications pre- pared by the Pub 1 is Works De artment and the contract ma a an en ere n o with it brThe 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 STALER INC.. P. O. Box 1205, Orange, California 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 the City Cound it of the City of Anaheim that all plant, labor, service material and equipment and all utilities and transportation, and the per formance of all work necessary to construct, install and complete, in a g•'od and workmanlike manntiz° 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 1. accordance with the provi.> -ions of said contract and contract docume ts0 That acceptance by the con- tractor of said payments made in accordanc with said final estimate shall operate and shall b;=; a release to the City of Anaheim, its officers, agents and employee from all claims and liabilities due the contractor for anything done or furnish d or withheld or for anything relating to the work or any at 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 fil a notice of completion of said work as required by law THE FOREGOING RESOLUTION is approved and signed by me this 12th day of December 19 o1 ATTEST: (SEAL) NOES: COUNCILMEN: None STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM I9 DENE M WILLIAMS 9 City Clerk of the City of Anaheim, do hereby certi y that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the of Anaheim, held on the 12th day of December 9 19 6 61 1 9 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 61 0 IN WITNESS WHEREOF I have hereunto set my h =nd and affixed the official seal of the City of Anaheim this 12th day of December 9 19 6 61 1 CITY dLERK OF THE CITY OF ANAHEf