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64-395RESOLUTION NO~> 64R-395 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 HELENA STREET SEWER .IMPROVEMENT, FROM OAK STREET. TO THIRD STREET: IN THE CITY OF ANAHEIM, JOB NO. 1279. 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, om the 12th and %gth days of March , 19 64 , a notice inviting sealed proposals fo~ furnishing the~ fo~~g: 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 Helena Street Sewer Improvement, consisting of the construction of an 8-inch V.C.P. sewer line in Helena Street, from Oak Street to Third Street, in the City of Anaheim, including excavation, modification of existing manholes, backfill and flooding; 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. 1279. 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 Po M. of the __~ day of March , i~64~, 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 exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on March 26 , 19 64 , at the hour of 2:00 o~clock P~ Mo, the City Clerk and the City Engineer of the City of Anaheim did ooen said sealed proposals received up to that time for the furnishing of all plant, labor, services, m~terials and equipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct an~ complete, in a good and workraanlike 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 did make a report to 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 31st day of March , 19 64 , at the hour of 1:30 o'clock 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 ~ ~ANITARY PIPELINE CO.:~N~C~ 1302 Wm~t St. Anne Place~ Sa___n~_a_Ana, California~~ the construction, installation and completion of said Helena Street Sewer Improvement, in the City of Anaheim, Job No. 1279_~__ hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said SANITARY PIPelINE C.0., INC, for furnishing all plJnt, labor, ser- 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 SANITARY PIPELINE ~f 2NC. x~zhich said contract was ..lade jnd entered into on the 2nd day of ~April __, 19_~. ; and i~HEREAS, the said SANITARY PIEPLINE CO., INC. has furnished ~all plan~', labor, ser- vices, mate~i~.~ 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- ~cations, plans and drawings of said public improvement as specified ~n ..... the notice ~nv.tz~~' ~ ~'~,- sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by the Public Works Department __, and the contract made and entered into with ~__ ~r _ by the City of Anaheim; and ~{EP~AS, the Dir~t r_~f Public Works has duly certified to the constructi'o~ and comfletion bf 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 SANITARY PIPELINE CO,~ INC. ana WHEi~AS, 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 payn~ent of the balance due said contractor authorized in accordance with the contract documents. NOW~ fHEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, service~, ~at~ria!~ and equipment and all utilities and transportation~ and the per foz~,ance of all work necessary to construct~ install and in a good and wor~anlike manner, in strict accordance with specifications, plans and drawings therefor on file in the Offic~ of the City Clerk of the City of Anaheim~ together with appurtenances thereto~ said public improvement hereinabove n~ore particularly described and set forth, in the City of A~aheim~. by said contractor, be, and the same are hereby accepted, ~ubj~.~ct~. 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 (~.~ days ~from and after £inal acceptance of said work as evidenced by the adoptio~ of this resolution, but not sooner than thirty <30) days after the date the filing of notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with ~he provisions of ~ai~ contract and contract documents. That acceptance by the con~ tractor of said pas~nents made in accordance with said final estimate shall operate and shall be a release to the City of Ar~aheim~ its officers, agents and employees from all claims and liabilities due the contractor for apything 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, 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 Ct~rk of the City of Anaheim be, and they are hereby a~tborized to execute and file a notice of completion of said work as r~equirad by law~ THE FOREGOING RESOLUTION is approved and sig?~e~ by ~na ~his 3rd day of June ~,~ x~.~~ MAYOR Oi~,~~OF A~AHEIM ATTEST o° STATE OF CALIFORNIA ) COUNIY OF ORANGE ) ss. CITY OF ANAHEIM ) I., DENE 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 ~rd day of June ~ 19 64 . AYES: COUNCILMEN: Pebley, Dutton, $chutte, Krein and Chandler NOES: COUNCILMEN: None ABSEN~ COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of ~naheim approved and signed said resolution on the_~ day 19_~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd of June (SEAL) day 19 64