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64-134RESOLUTION NO. 64R-134 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 CORONADO AND RED GUM STREETS SEWER IMPROVEMENT, IN CORONADO STREET FROM BLUE ~UM'"STREET TO APPROXIMATELY 1067 FEET EAST OF RED GUM STREET. AND IN RED STREET FROM CORONADO .STREET TO APPROXIMATELY 677 FEET SOUTH .OF CORONADO. STREET, IN T~E COUNTY OF ORANGE, JOB NO. 1271. 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 1st and 8th days, of August , 19 ,63 , 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 Coronado and Red Gum Streets Sewer Improvement, consisting of the construction of 10'~, 12'~ and 15" V.C.P. sewer lines in Coronado Street from Blue Gum Street to approximately 1067 feet east of Red Gum Street, and in Red Gum Street from Coronado Street to approximately 677 feet south of Coronado Street, in the County of Orang~., f.nciuding excavations backfill and £!ooding, construction of manholes and wyes, 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. 1271. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Depar.t. ment , and the notice inviting seale~ proposals, 'wt{i~h said notice specified that sealed proposals as specified in said notice would be received up until 2'0~0 o~clock P. M. of the 15th day of August , 19 63 , 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 WHEREAS, on August 15 , 19 63 , at the hour 2:00 o'clock P. M., the City Cl~rk 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, m~uterials and equipment, and all utilities and transportation, in- cluding power, fuel and. wate~, and performing all work necessary to construct and. complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings there- for on file in the Office of ~he City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in oublic, in the City Council Chamber in the City Hall, Anaheim, California, and the C'{tv_ ~ Eng_neer~ did tabulate the result of said. sealed proposals and. ~tic] ~- ~. ma~e 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 20th day of August , 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 HOWARD SEWER COMPANY 9855 East Kal.e.~ ~Stre..et~ South E1 Monte California ~~ for the construction, installation and completion of said Coronado and Red Gum Streets sewer improvement~ Job No. 1271, hereinabove mentioned, and described., was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said HOWARD SEWER COMPANY -~ ~Of" fu~n~fs~Ti~g-ali~ ~i'ant, !jb~or, "§'er-~ 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 ;~aheim with HOWARD SEWER COMPANY ~hich said contract was duly made and entered into on the day of August , 19 63 ; and 22nd ~;H~{EREAS ~ the s aid. HOWARD SEWER COMPANY has furnished all plant, labor, ser- vices, materials and equipment and all utilities and transportation, and performed all work necessa]:y for the construction and completion, in a good and x~or!~nnanlike manner, in stz~ict accordance with the speci- fications, 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 ~ by the City of Anaheim; and WHEPd~AS, the Director of Public Works has duly certified to the construction and comp-l~etion of said public improve- ~nent hereinabove mentioned and described., in accordance with the plans and specifications and the contract documents duly made and entered into with said HOWARD SEWER COMPANY ~IHEREAS, 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~ 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 complete0 in a good and workmanlike manner~ in ~trict 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~ dLnn~lu, ngi~rn~d'nAlla]lL~i.m,j by said contractoro beo and the same are hereby acceptedo ~ubJect~ nevertheless~ to all the terms~ conditions a~d provisions of the contract documents~ and that the balance ~ue said contractor for said work be paid to i~ thirty°five (35) days from a~d after final acceptance of s-A~i-~--~grk as evidenced by the adoption of this resolution~ bat 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 documentso 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 f~om 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 paymento 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 lawo THE FOREGOING RESOLUTION is a~pproved and signed by me this ~._ 3.rd , day of _ ~rch ~v/19 6~o //7) ............................., ATTE~ ~ / CIT~'C~ OF T~ CITY OF STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSo CITY OF ANAHEIM ) I~ ._ DENE M. WILLIAMS , ~ City Clerk of the City of Anaheim~ do hereby certify' thag' 'the'foregoing resolution was introduced and adopted at a -- regular meeting pro~ vided by law of the City Co~cil of"'the City of Anaheim~ held on the 3r_~d day of_ Marc_h' ,= ~,. ~ ~ 19 6__~_4 ~ by the following vote: AYES COUNCILMEN: Dutton~ Chandler~ Schutte and Coons NOES COUNCILMEN r. None ABSENT: C OUNC ILMEN: Kr ein AND I PURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 3rd day of March ,,~ 19 64 o i i , i ,,1_ , l, , n , ~ ~ IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City of Anaheim this ~ ~ay of ~ March .....__-