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1952-1926RESOLAJTION NO. /c/ 6, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THT' 'ORK AND COMPLETION BY V. C. K. CONSTRUCTION COMPANY OF UNIT 2 OF THE MAGNOLIA TRUNK SEWER AND PUMPING PLANT AND FORCE MAIN OF THE PRANGF COUNTY JOINT OUTFALL SEWER, AND AUTHORIZING TH?r CITY OF ANAHEIM AS THE CONTRACTING AG9'NT FOR TH'' CITIES OF ANAHEIM, FULLE'RTON AND ORANGE AND T'OR THE BUFNA PARK, GARDEN GROVE, LA HABRA AND PLACENTIA SANITARY DISTRICTS TO FILE A NOTICE OF COM- PLETION AND AUTHORIZING THE PAYMENT OF THE BALANCE DUE SAID CONTRACTORS IN ACCORDANCE WITH THE CONTRACT DOCUM''NTS. WHEREAS, a contract was heretofore made and entered into on the 26th day of January, 1951, by and between the City of Ana heim,a Municipal Corporation, as contracting agent for the Cities of Anaheim, Fullerton and Orange and for the Buena Park, Garden Grove, La Habra and Placentia Sanitary Districts pursuant to resolutions theretofore passed and adopted by said cities and Sanitary Districts and Matt J. Vukojevich, Philip Chutuk and John Kordich, copartners, doing business under the firm name and style of V. C. K. Construction Co'npany, for the construction and com- pletion of Units 1 and 2 of the Magnolia Trunk Sewer and Pumping Plant and Force Main and Project together with the appurtenances thereto of the Orange County Joint Outfall Sewer, all in accordance with said contract and other contract documents, and WHEREAS, said contractor deems all work under said con- tract for construction of Unit 2 to have been completed in accord- ance with the contract documents, and has notified the Chief Engineer of said Cities and Sanitary Districts of such completion; and the and WHEREAS, said Chief Engineer, Nat H. Neff, has notified City of Anaheim, as such contracting agent, that he has made completed a final inspection of the underground pipe and manhole said Magnolia Trunk Sewer and Pumping Plant structures in Unit 2 of and Force Main and has certified in writing the contract for the construction of Unit 2 that all provisions of as aforesaid, have been fully complied with to his satisfaction, and has made a final and complete estimate of the value of such work done and materials fur- nished and has certified the same to the City of Anaheim and has further certified that said work was done and said Unit 2 completed on January 21, 1952, and WHEREAS, the CITY COUNCIL of the CITY OF ANAHEIM finds that said contractors have com- pleted said Unit 2 in accordance with the provisions of the con- tract and contract documents and that said work should be finally accepted, a notice of completion filed and the payment of the balance due said contractors authorized in accordance with the contract documents. NOW, THERF'FORE, 13F IT RESOLVFD by the CITY COUNCIL the work and the completion of Unit 2 of said Magnolia Trunk Sewer and Pumping Plant and Force Main, together with the arpurtenances thereto, by said Matt J. Vukojevich, Philip Chutuk and John Kordich, copartners, doing business under the firm name and style of V. C. K. Construction Company be, and the same is hereby accepted, subject nevertheless to all the terms, conditions and provisions of the con- tract documents and that the balance due said contractors for said work upon said Unit 2 be paid to them 35 days from and after final acceptance of said work by all of said Cities and Sanitary Districts upon said Unit 2 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 said contract documents, that acceptance by the contractor of said payments made in accordance with said final estimate shall operate as and shall be a release to the contracting agency and said Cities and Sanitary Districts and officers, agents and employees, from all claims and liabilities due the contractor for anything done or furnished or withheld and of the CITY OF ANAHEIM that all -2- for anything relating to the work or any act or neglect of the contracting agency or said Cities and Sanitary Districts, their officers, agents and employees, excepting only claims against the contracting agency for any amounts withheld by the contracting agency at the time of such payment. AND BE IT FURTHFR RESOLVED, that the City of Anaheim, as contracting agent for said Cities and Sanitary Districts be, and it is hereby, authorized and directed to file a notice of com- pletion as provided by law. THE FOREGOING RESOLUTION is signed and approved by me this day of February, 1952. ATTEST: CITY CLERK CITY OF ANAHEIM of the /ILL r t. r MAYOR 1 CTTY OP ANAHFTM of the STATE OF CALIFORNIA COUNTY OF (RANGE I, CITY OF ANAHEIM going Resolution was passed and adopted at a regular meeting of the 1952. CITY COUNCIL CTTY (W' ANARF.TM ss. CHARLES E. GRTP TPH CITY CLERK do hereby certify that the fore- FEBRUARY of the C T'T'Y OP ANAHEIM held on the day of FEBRUARY 1952, by the following vote of the members thereof: AYES: CCTT1\TCTLMEN Wisser, Heying, Boney and Van Wagoner. NOFS CQTT C ILMFN None. ABSFNT C.nTTNnTLjvIEN Pearson. AInnD I FURTHER CERTIFY that the MAYOR TYN of the signed and approved said Reso- lution on the y day of 1952. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said CITY OF AN1!HFIM this /y day of FFRRUARY i�L:.eoY�L.C� =f e CITY CLE CITY OF ANAHEIM of the of