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1962-0235RESOLUTION NO. 62R 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 PER FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE BEACH BOULEVARD SEWER IMPROVEMENT, FROM APPROXIMATELY 1300 FEET SOUTH OF LINCOLN AVENUE TO LINCOLN AVENUE IN THE CITY OF AN�AI-iM, JOB NO. 1229. 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 August 8 and August 15 1961 a notice inviting 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 Beach Boulevard Sewer Improvement, consisting of the construction of an 8 -inch V.C.P. sewer line in Beach Boulevard, from approximately 1300 feet south of Lincoln Avenue to Lincoln Avenue, in the City of Anaheim, including excavation, backfill and flooding, construction of manholes and laterals, 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. 1229. 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 ovclock P. M. of the 24th day of g ii0iis t 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 August 24 19 61 at the hour of 2 :00 ooclock 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, and 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 Gity 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 29th day of August 9 19 61 9 at the hour of 3:00 oVclock P. M,, consider the 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 ORANGE COUNTY SEWERS. INC.. 1506 North Clinton Street, Santa Ana, California. for the construction, installation and completion of said Beach Boulevard Sewer Improvement. Job No. 1229 hereinabove mentioned and described, was the lowest. responsible proposal submitted therefor, and thereupon accepte said bid and did award a contract to said ORANGE COUNTY aEWERS,.IN for furnishing all plant, labor, services, materials'and equip- 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 nRANC"7F. COUNTY SFWF.RS, INC_ which said contract was duly made and entered into on the 31st day of A„g „s t 9 19 61 anL WHEREAS, the said ORANGE COUNTY SEWERS.. UPC. has furnished all plant, labor, ser- vices, 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 a*+ri in the detailed designs, plans, drawings, and spet..l,.cations prepared by the Pohl it Wnrks fl p rt.ment. 9 and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Public Works hay 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 ORANGE COUNTY_SEWERS. 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, -2- 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 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 iiirgark as evidenc: =:d 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 documents0 That acceptance by the con- tractor of said payments made in accordance with said final estimate shall operate and shall b 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 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 th- City of Anaheim be, and they are he r by authorized to execute and file a notice of completion of said work as required by laws ATTEST (SEAL) C ER OF THE C ±fiY OF Al AHED! STATE OF CALIFORNIA COUNTY OF ORANGE sso CITY OF ANAHEIM I DENE M. WILLIAMS of Anaheim, do hereby certify that introduced and adopted at a vided by law of the City Co 13th day of March NOES COUNCILMENo None. THE FOREGOING RESOLUTION is approed and signed by me this 13th day of March 19 City Clerk of the City the foregoing resolution was regular meeting pro unci o the ity of Anaheim, held on the 19 62 D by the following vote: AYESg COUNCILMENa Chandler, Fry, Thompson and Schutte. ABSENT COUNCILMENa Coons. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of March D 1962 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this _lath day of March D 19 0