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64-260RESOLUTION NO. 64R-260 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: CONSTp~UCTION OF A STORM _ :DRAIN... IN LEMO_N STREET. FRO~ T~E CARBON CREEK REINFORCED GONGRE%E ~6X IN LA PALMA AVENUE TO_ APPROXIMATELY 170 FEE_T NORTH OF LOS ANGELES STREET, IN THE CITY OF ANAHEIM: JOB NO. 821. · -- i iiii, , , , iii1_ LI , i 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 7th and l~th days..of November , 19 63 , a notice inviting sealed proposals for 'furnishing the folloWing: Ail 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 construction of a 51-inch reinforced concrete pipe storm drain in Lemon Street, from the Carbon Creek reinforced concrete box in La Palma Avenue to approximately 170 feet north of Los Angeles Street, in the City of Anaheim, including excavation, construction of junction structures, catch basins, connector pipes, jacking 51-inch reinforced concrete pipe, backfill and flooding, construction of reinforced concrete junction box, 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. 821. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works DeDartm~__nt and the notice inV~t'ing se"~'le~ 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 21st day of November , 19 3~, 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 November 21st , 19 63 , 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 utilit~es and. transportation, in- c!uding power, fuel and water, and performing all work necessary to construct and 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 ()f 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 26th__ day of November _, 19 63 , at the hour of 3:00 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 EARNEST A. REDFEARN CONSTRUCTION for the construction, ~/~]o_~e_~a Bravo__ ~ullarton, g~l~forn~ in~t-aliation a6d Com~leti6n of said storm drain in Lemon Street hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said EARNEST A, REDFEARN CONSTRUCTION ¢0, for furnishing all plant, 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- !ic 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 ~ARNEST A. REDFEARN...CONSTRU~ON W.~ich~ said contract was duly made and entered i'nto on the __~ day o f __pecember , 19~/i~___; and 'WHJ~P~AS, the said. EARNEST A. REDFEARN CONSTRUCTION CO. has furnished all plant, labor, ser- geant 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- £ications, plans and drawings of said public improvement as specified. in the notice inviting sealed proposals and in the detailed designs, p!ans~ drawings~ and specifications ]prepared by the Public Works Department , and the contract made and entered into with it by the City of Anaheim~ and %~,EP. EAS, the Public Works Department has duly certified to the construction and com~l'etion 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 EARNEST A. REDFEARN CONSTRUCTION CO, ..... ; 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 no~ice 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~ se~vices~ materials and equipment a~d all utilities and transportatlon~ and the per= formance of all work necessary to const~uct~ install and completes 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~ bo~ and the same are hereby accepted~ subJect~ nevertheless~ to all the terms~ conditions and provisions of the contract documents~ and that the balance due sai~ contractor for said work be paid to i~ thirty~five (35) days from and afte~ final acceptance of sa~rk as evidenced by the adoptio~ of this ~esolution~ but not soone~ than thirty (30) days a£te~ the date of the filing of notice of completlon~ excepting only such sum or sums as may lawfully be withheld i~ accordance w/th the p~ovisions of said contract and contract docume~tso 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 Ctty~ its officers~ agents and employees~ excepting only claims against the City for any amounts withheld by the City at the time of such payments 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 laws THE FOREGOING RESOLUTION is approved and signed by me this 14th day of April ~l~b~_~o ~.., ..................................... ' .............. <' ...... i _.1  YOR OF THE C[~ O~ ~A~ ATITE~ ~ CIT~ CLERK OF TEE' CITY OF ANAHEIm' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sss CITY OF ANAHEIM ) I~ DENE M. WILLIAMS , , .... ~ City ClePk of the City of Anaheim~ do-hereby certify that the foregoing resolution was introduced and adopted at a --- regular meeting pro= vialed by law of the City Cou~ci1 of' the' City of Anaheim~ held on the 14th day of April .... ~ 19 64 by the following vote' AYES COUNCILMEN g 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 sig~ed said resolution on the 14ch day of April ......... ~ 19__~ .... o ~ IN WITNESS WHEREOF~ I have hereunto~ set my hand and affixed the official seal of the City of Anaheim this 14ch day of . April, . ..... ~ 19 64 o ..... 'CITY~'c]*-EP~K- oF THE CI~/"OF ANAHEIM -3-