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64-082RESOLUTION NO. 64R-82 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 RED GUM STREET-LA PAL~LA AVENUE SEbJE~. I.t.~PROVEMENT, PARTLY IN THE__ CITY OF. A..NAHEI'~I, AND PARTLY IN THE COUNTY OF ORANGE, JOB NO. 1274. 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 10th and 17th da.3s of October , 19 63 , a notice inviting sealed proposals for furnishing the foilowi'ng. ,::!.il plant, labor, services, materials and. equipment, and all .... ~_L1,.ties and. transportation, including power, fuel and. water, and performing all '~- woz~, necessary to construct and complete in ,~ good and worknnanlike manner, in strict accordance with the =oe~'~ications, plans and drawings therefor on file in the Office of the Cky En~jineer or City Clerk of the City of ~'~,n~h~ elm, the _~oliowin~-~_. ~ublic~:~.. improvement, to wit' The Red Gum Street-La Palma .Avenue Sewer improvement, consisting of the con- struction of !2 and 10-inch V.C.P. sewer lines in Red Gum Street ~.om approximately 655 ~ ~ ~ - ~ee'~ north o~'~ La Palma Avenue to approxi m,~te!y 62 feet south of La Palma Avenue, and in La Palma Avenue :':.~:om approximately o~ reec west o= Dow!ins Avenue to approxima- tely 401 feet west of ]'ied Gum S~:reet, partly in the City of ~ o- including excavation ?-..naheim, and partly in t~e c~,n.?v of Oranoe, , i~exzz].~ ~d ~ood~_~.~, co~sc~uec~o~ oE m~ho].es, w~es m~d house ~:onnections, and appurtenant worl~ as more particularly set forth -in th~ ol~ns and spea.,_.~.. ..... t.:ons on .,_ile in the Office of the ~':'~'~y 6].er]z or 6~t~z En :~neer Job No. 1274 in accordance with the designs, plans, profiles and specifica- tions prepared by the Public l,~orks Department , and the notice inviting seale~ propoS'a'ls, '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 24th day of October ~ , 19o3 , 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 October 24 19 63 at the hour of 2: ~.~u-~ o' clock P. M., 'the C"ity "Cler~ 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, iat~or, services, materials and equipment, and all utilities and. transportation, in- c!uding power, fuel and. water, and performing all work necessary to construct and complete, in a good and worlunanlike manner, in s~rict 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 .~!J_~ make a report to the City Council at its next -- resu!ar meeting; and WHEREAS~ the City Council of the City of Anaheim did, at its next -- regular meeting, held on the 29th day of October , 1963__, at the hour of 3'00 o cl~ 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 ~:ind and determine that the sealed proposal submitted by .D. ZAJKICH & ALVAREZ CONSTRUCTION CO.~ 1141 ~ra~ford, Glendora, Cali"f$'rni~.~ for the construction, installation and. completion of said Red Gum Street-La Palma Avenue ~'~ewe~~ I~mproveme. n~t both in Cit~" of Anaheim & County of Orange.Job No.1274 here'in~bove menti~-~ a~-~ deS-cr~lbe~ ~-~s the' i-6west ~responsible 'Pr°- posal submitted therefor, and thereupon accepted said bid and did award a contract to said DZAJKICH & ALVAREZ CONSTRUCTION CO. 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- 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 DZAJKICH & ALVAREZ CONSTRUCTION CO. ~,~hich said contract was duly mad-~ entered into on the_ ~lst __ day of ____~~ , 19_61k; and ~?THEP~AS, the said. DZAJKICH & ALVAREZ CONSTRUCTION CO. has furnished ali plant, labor, ser- vices, materials and equipment and all utilities and transportation, and performed all worl~ necessary for the construction and completion, in a good and wor!-nnanlike manner, in strict 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 Dep.~tment , and t. he contract made and entered into ~.~ith ~.t by the City of Anaheim~ and %,q4EP2EAS, the Director of Public Works has duly certified to the construction and comp-i-6l'~i'°n 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 ~ith said. DZAJKiCi! & ~kLVAREZ 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 notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. -2-' NOW~ THEREFORE~ BE IT RESOLVED by the City CounCil of the City of Anaheim that all plant~ labors services~ materials and equipment a~d all utilities and transportation~ and the per= forma~ce of all work necessary to construct~ install and oomplete~ in a good amd workmanlike mannerz in striot aocord~ce with th~ specifioations~ plans and drawings therefo~ on file i~ the Office of the City Clerk of the City of An~eim~ together with the appurten~ces thereto2 said public improvement hereinabove more particularly described and set forth~ in the City of A~aheim~ by said contractor~ be~ ~d the s~e are hereby accepted~ subJect~ nevertheless~ to all the te~s~ conditions a~d provisions of the contract doc~ents~ and that the balance due said contracto~ fo~ said work be paid to it thirty~flve (35) days from ~d after final acceptance of s~~rk as evidenced by the adoptio~ of t~s resolution~ but not sooner t~n thl~y (30) days after the date of the filing of notice of completion~ exceptln~ only such s~ or s~s as ~y law~lly be wi t~eld i~ accord~ce ~th ~e p~ovisions of said contract ~d co. tract doc~emtSo ~a~ accept~ce by the con~ tractor of said pa~ents ~de in accordance with said final' esti~te shall operate and shall be a release to the City of ~ahe~ its officers~ agents and employees from all claims and liabilities due the contractor for anything done or f~nished or wit~eld or for anything ~elating to the work or any act or neglect of the City~ its officers~ age~ts a~d employees~ excepting only claims against the City for ~y amounts wit~eld by the City at the time of such pa~nto 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 notloe of completion of said work as required by lawo THE FOREGOING RESOLUTION is approved and signed by me this . !Ith day of February ~ F~OR OF THE ~I'~Z ~' ~A~ ATTE~ g DENE M. WILLIAMS CIYY CLHRK OP YHH CIYY OP ~AHKIM Deputy giT[ 0~ O'F T~ 'SITY OF ~EI~ STATE OF CALIFORNIA ) COUN~f OF ORANGE ) s s o CITY OF ANAHEI~ ) Iq ..... DENE M. WILLIAMS .~ City Clerk of the City of Anaheim~ do'her'ebyL'&'ert['fy tha2' %he foregoing resolution was introduced and adopted at a -- regular meeting vided by law of the City Council 'of the C{ty of Anaheim~ held on the zl~h day of February ~. , ~ 19 6.4_~ by the following vote~' AYES COUNCII~N~ Dutton, Chandler, Schutte, Krein and Coons NOES COUNCILMEN ~ None ABSENT: COUNCILMEN2 None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the ~ day of Februar.v_ ,~ 19 64 o IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City of Anaheim this llth day of , _ Febru.,ary ....... ~ 19 64 o --------- DENE M. WILLIAMS ~CiTY~-O~- O~ T~ CITY"OF ANA'~I~ ~3~ Deputy City Clerk