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1961-7420RESOLUTION NO 7420 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 TJTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE SUNKIST STREET SEWER IMPROVEMENT, FRuM APPROXIMATELY 1104 FEET NORTH OF WAGNER AVENUE Tu WAGNER AVENUE. IN THE CITY vF AtNAmt:IM, _7C)R No. 1997. 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 July 25, 1961, and August 1 19 61 a notice inviting sealed proposals for furnishing 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: The Sunkist Street Sewer Improvement, consisting of the construction of an 8 -inch V.C.P. sewer line in Sunkist Street from approximately 1104 feet north of Wagner Avenue to Wagner 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 Engineer or City Clerk of the City of Anaheim, Job No. 1227; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inv timing 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 1961 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 ,AAugust 10 1 9 61 at the hour 2 00 o °clock P.M., the City Clerk and City Engineer of —1.. 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, *Ltd 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 s 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 19 61 9 at the hour of 3 00 oaclock P.M., consider the sealed proposals submitted for 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 ORANGE COUNTY SEWERS INC. 1506 North Clinton Street, Santa Ana, California, or he construction, insta at on an comp e on o sa Street Sewer Im.rovement Job No. 1227, ere un nabove mentioned and described, was the owest responsib proposal submitted therefor and thereupon accepted said bid and did award a contract to said ORANGE COUNTY SEWERS INC. or furnish ng al plant, Tabor, services, ma er a 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 ORANGE COUNTY SEWERS INC. which said contract was •u y ma•e an entere• n o on day of August 19 6 and a WHEREAS, the said has Turn s e 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, designs, plans, profiles, drawings and specifications pre- pared by 9 and the contract ma •e an en, ere in o w i •y he 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 ORANGE COUNTY SEWERS, INC. and -2- C NTY SEWERS INC. is 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, 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 performance of all work necessary to c.nstruct, inst -11 .nd complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, 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 de- scribed and set forth, in the City c *f 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 e*ntractor for said work be paid to it thirty-five (35) days from and after final acceptance of said work as evidenced by the adoption f this resolution, but not sooner than thirty (30) days after the date of the filing of notice of coin pletion, 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 contractor 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 r for anything relating to the work or any act or neglect of the City, its officers, agents and em- ployees, excepting snly 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 *f completion of said work as required by law. ATTEST: (SEAL) CI YCLE OF THE CITY OF ANAHEIM NOES: COUNCILMEN: None. THE FOREGOING RESOLUTION is approved and signed by me this 5th day of December 19 61 C MAYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE sso CITY OF ANAHEIM I, DENS M WILLIAMS City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 5th day of December i9L, by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 5th day of December 1961 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of December 19 61 0 TY CLE'. OF T E CITY OF ANAHEIM 3°