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64-083RESOLUTION NO. 64P.-83 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT, TO WIT: THE KATELLA AVENUE SEWER IMPROVEMENT, FROM APPROXiMaTELY 135 FEET -EAST OF sTATE CO/.~,EGE BOuI~EVAKD T~' APPROXIMATELY 17000 FEET EAST OF STAT.E_ COLLEGE BOULEVARD. IN THE CITY OF ANAHEIM, JOB NO. 1276,... ' 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 the 5th and 12th days of December , 19 63 , a notice invitinj 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 Katella Avenue Sewer Improve- ment, consisting of the construction of an 8-inch V.C.P. sewer line in Katella Avenue from approximately 135 feet east of State College Boulevard to approximately 1000 feet east of State College Boulevard, in the City of Anaheim, including excavation, backfill and flooding, construction of mamhole, wyes and 6-inch house connections, resurfacing, 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. 1276. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public ~orks 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 19th day of December , 1963 , 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 of 2:00 WHEREAS, on December 19th , 1963 , at the hour 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, in- c!uding power, fuel and water~ and performing all work necessary to construct and. complete, in a good and worl~nanlike manner, in strict accordance with the specifications, plans and drawings there- for on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly 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 ~!id make a report to the City Council at its next -- resular meeting; and WHEREAS~ the City Council of the City of Anaheim did, at :its next -- regular meeting, held on the 24th day of December , 1963 , at the hour of 1:30 o~ P~M., consider the sealed proposals submitted for furnishing 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 PIPELINE~_I.N__C~, 1506 North Clinton, Santa Bna. California for the construction, inStallatiOn and ~ompletion of sai ~venue Sewer Improvement, Job No. 1276, ~_ hereinabove mentioned, and described., was the 1--~st responsibi-e-~pro- posal submitted there~-~or, and thereupon accepted said bid and did a~.~ard a contract to said ORANGE COUNTY PIPELINE. INC. ...... ~.o_ furnishing all plant, labor, s'er-~ vices, 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, the said pub- lic 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 PIPELINE, INC. w~ich said contract was duly made and entered into on the 26th day of December , 1963 __; and ~,,i~HEREAS, the said ORANGE COUNTY PIPELINE, INC, has furnished all plant~' labor, ser- vices, mat~ia-{~ and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and wor!~nanlike manner, in strict accordance with the speci- fications, plans and drawings of said. public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by _,~the, Public Works De_~artment , and the contract made and entered into with it by the City of Anaheim~ and ~..R{E?d~AS, the Director cf Public Works has duly certified to the construction and completion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said ORANGE COUNTY PIPELINE, INC. ; and ....... WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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 accordance with the contract documents. NOW~ 'THEREFORE~ BE IT RESOLVED by the City CounCil of the City of Anaheim that all plant~ labor~ ~ervtces~ materials and equipment and all utilities and transportation~ and the per= for~ce of all work necessary to construct~ install and complete~ in a good and workmanlike manne~ 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 an~ ~et fo~th~ in the City of Anah®im~ ~ald contractor~ be~ and the same are hereby accepted~ neve~theless~ to all the terms~ conditions and pPovisions of the contract documents~ and that the balance due said contractor for said work be paid to it thirty=five (35) days f~om and after final acceptance of sa'~d-~rk aa evidenced by the adoption of this resolution~ but not soone~ than thirty (30) days after the date of the filing of notice of completion~ excepting only such sum or s~ms as may lawfully be withheld in accordance with the provi~ions of said contract and contract documentso That acceptance by the con= tractor of said payment~ made in accordance with said £i~al-estimate shall operate and shall be a ~elease to the City of Anaheim~ its officers~ agents and employees £rom all claims and liabilities due the contractor for anything done o~ furnished or withheld anything relating to the work or any act or neglect of the Clty~ 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 file a notice of completion of said work as required by laWo THE FOREGOING RESOLUTION Ls~al~oved and signed by me this _ llth~ day of February ........ OF ci'i ' OF ....... Deputy CITY C~ O'F T~ CITY 5F ~EI~ STATE OF CALIFORNIA ) COUNT~ OF ORANGE ) s s o CITY OF ANAME IM ) I~ __ DENE M,___W!LL~ ........ ~ City Clerk of the City of Anaheim, dO'herebY certifY that the foregoing resolution was introduced and adopted at a -- regular meeting pro~ vided by law of the City CoU~Ci1 '6f the C{ty of Anaheim~ held on the .... !lth ~ day of .... F,ebru. ary_ -- _, ~ 196~__~ by the following vote: AYES COUNCILMEN~ Dutton, Chandler, Schutte, Krein and Coons 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 ll=h day of February ..... ~ 19 6~+ o ~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this ll~_~h day of ~ February ........ ~, 19 64 o (SEal;) DENE M. WILLIAMS ~i~'qf"-C~-oF T~ ¢I'~ OF AN'AHEYM Deputy City Clerk