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1961-7429WHEREAS, 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 A:v.ri1 18 and April 25 19 61 a notice inviting sealed proposals for furnishing the foliowing: RESOLUTION NO. 7429 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: CONSTRUCTION AND JNSTALLQTION OF A WATER MATN, UNIT NO. 1. TN T.A PAI MA_AV .N E FKM FAST STREET TO RIO VISTA STRFF,T. TN THE CITY OF ANAH1 IM, WORK ORDER NO_ )1006. 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: Construction and installation of an 18, 24 and 27 -inch concrete cylinder pipe, water main, Unit No. 3, in La Palma Avenue, from East Street to Rio Vista Street, in the City of Anaheim, including all appurtenances, as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 4006; in accordance with the designs, plans, profiles and specifica- tions prepared by Boyle Engineering 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 4th day of May 9 19 61 9 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 May Lk 9 19_1_1,...9 at the hour of 2 :00 o'clock P.M., the City Clerk an Zty 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 =I 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, regular meeting held on the 9t1 day of May 19 61 at the hour of o P0M, consider the sealed proposals submitted o3 r 1 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 ROSECRANS CONSTRUCTION CO. 2 0 West Rosecrans Com•ton C.1' he constructions insta ation an comp a on o sa Wa er Main, Unit No. 3, in the City of Anaheim, Work Order No. 006 erenabove mentioned and described was the ,west responsib e proposal submitted therefor and thereupon accepted said bid and did award a contract to said ROSECRANS CONSTRUCTION CO.. 2509 West Rosecrans Com•ton California or urnish rag a plant abor 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 ROSECRANS CONSTRUCTION CO. which said con ract was •u .y ma a an enters o on •e 1 12th day of Ma s 1961 and WHEREAS the said ROSECRANS CONSTRUCTION CO. 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 Bo le En •ineerin and the contract ma •e an en ere n o w it •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 ROSECRANS CONSTRUCTION CO. and at its next 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 BE IT RESOLVED by th City Counoi1 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 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 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 arriiiik as evidenced by the adoption of this resolution but not sooner than thirty (30) days after the date of the tiling 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 documents, That .cceptanoe by the con- tractor of said payments made in accordance with said final 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 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 her by uthorized to execute and file a notice of completion of said work as required by law, THE FOREGOING RESOLUTION is appr ed and signed by me this 12th day of December 1961 ATTEST (SEAL) -3- NOES o COUNCILMEN o None STATE OF CALIFORNIA COUNTY OF ORANGE ss° CITY OF ANAHEIM Is, DENE M WILLIAMS 9 City Clerk of the City of Anaheim do hereby certi y that t e foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council o the ity of Anaheim held on the 12th day of December 9 1961 9 by the following vote: AYES o COUNCILMEN Chandler, Fry, Thompson and Schutte ABSENT: COUNCILMEN o Coons AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 12th day of December 9 196 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of nprrember CIS' CLERK OF THE CITY OF ANAHEIM