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1961-6977RESOLUTION NO 6977 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMFLETION 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 MILLER STREET SEWER IMPROVEMENT, FROM ANAHEIM ROAD TO APPROXIMATELY 721 FEET OF ANAHEIM ROAD N THE CI OF A M JOB NO. 121 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 March 28 and Aril 1961 a notice inviting sealed proposa s or urn s ng e 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 Miller Street Sewer Improvement, consisting of the construction of a 10 -inch V.C.P. sewer line in Miller Street from Anaheim Road to approximately 721 feet south of Anaheim Road, in the City of Anaheim, including excavation, backfill and appurtenant work as more particularly set forth in the plans and specifica- tions on file in the Office of the City Clerk or City Engineer, Job No. 1218; 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 13th da of April 19 bl and which said notice did state and declare that, pursuant 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 April 13 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, attcl 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 1 day of Apr 9 19 61 9 at the hour of j:UO oBclock o o, cons er a 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 M.O.L.S. INC., Post Office Box 3066, Santa Ana or he construct on, insta_ ation an comp a on o sa Miller Street Sewer Improvement, Job No. 1218 nabove mentioned and described, was the owest responsib.e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said M.O.L.S. INC. ere c,aiiiornia for furnishlng all plant, labor, services, materials and egi1p went 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 M.O.L.S. INC. which said contract was u: y ma e an entere. n o on day of April 9 1961 and WHEREAS, the said M.O.L.S. 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 Works Department 9 and the contract ma.e an• en ere in o w •y he City of Anaheim; and -2- WHEREAS, the Director of Public Works has duly certified to the construc 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 M.O.L.S. 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® 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 per- formance of all work necessary to construct, install and complete, in a good and workmanlike mann r, 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 sam 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 in accordance with the provisions of said contract and contract d:•;cume:•:ts. That acceptance 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 employees 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, excr <pting 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 th-y are hereby authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 13th day of June 19 61 ATTEST STATE OF CALIFORNIA COUNTY OF ORANGE as. CITY OF ANAHEIM 1 DENE M. WILLIAMS of Anaheim, do hereby certify introduced and adopted at a vided by law of the City Co 13th day of June (SEAL) City Clerk of the City that the foregoing resolution was regular meeting pro unc of the ity of Anaheim, held on the ._,=9 19 61 9 by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte 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 13th day of June 19 61 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1 th day of June 19 61 CLERK OF THE CITY OF ANAHEIM