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64-048RESOLUTION NO. 64P,-48 _ 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 .B. ROOKHURST STREET SEWER IMPROVEMENT. FROM CRESCENT AVENUE TO APPROXIMA- TELY 1281 FEET SOUTH OF CRE. SCENT .AVENUE, IN THE '"'~ITY OF ANAHEIM, JOB NO. 1267. 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 6th and. 13th days of June , 19 63 , a notice inviting sealed proposals for furnishing the following: Ail plant, labor, sez*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 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 Brookhurst Street Sewer Improvement, consisting of the construction of an 8-inch V.C.P. sewer line in Brookhurst Street, from Crescent Avenue to approxi- mately 1281 feet south of Crescent Avenue, in the City of Anaheim, including excavation, backfill and flooding, removal of gas line, construction of man- holes and wyes, and appurtenant work as more particu- larly set forth in the plans and specifications on file in 'the Office of the City Clerk or City Engineer, Job No. 1267. in accordance with the designs, plans, profiles and specifica- tions prepared by_ the Public Works Depart_ment · , and the notice inviting seale~ pr°p6sals-, which Said ~'otice specified that sealed proposals as specified in said notice would be received up until 2:0u o'clock P' M. of the 20th day of June , 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 June 20 , 19 63 , at the hour 2'00 o'clock P. M., the City ClArk 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~ se~vices~ materials and equipment, and all utilities and transportation~ including power, fuel and water, and performing all work neces= sary to construct and comple[,e~ in a good and workmanlike manner, in strict accordance with the speclfications~ plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim~ ~..he public improvement he~einabove more patti= cularly described and set forth~ in pubiic~ tn the City Council Chamber in 'the City Hail~ Anaheim~ California~ .and the City Engineer did tabulate the result of ~aid sealed proposals and did make a report to the City Council at ~t.s next ..... ,- regular meetin9~ and WHEREAS, the City Council of t~e City of Anaheim did~ at its next -- .. regular meeting.~ held on the 25th day of ~ June .... . ~ 19~~ at the hour of_~ o~clock Po Mo, consider the sealed proposals submitted for fur= nishtn9 the materials and performin9 the work hereinabove more lCSrttcularly described and set forth, and did thereupon find and determine that the sealed roposal submitted by ~PH DE LEON '~ P~ Avenue,, ,Ana~e~m, ca].lzornlsU CONSTRU~!~N~..INC. ~ 207 ~ox~zm. an ..... f~" th~ construction, installation and completioh, of" saia Brook- hu?st Street Sawer improvement,. ~ob No. 1267 .... her~inabov~ m~ntioned and d~scribed~ was the lowest responsible proposal submitted therefor, and thereupon accepte~ said bid and did award a contract to said b~PH DE LEON g~N.~~iON. INC.. ~r furnishi~g all plant', lae'or~ s~via~'s-T~terials' a~d"equi~~ ment and ail ~tilities and transportation~ includin9 power, fuel and wat~r~ 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 invitin9 s~aled proposals~ and did authorize the Mayor and the City Clerk of the City of Anaheim to execute a contract for and on b~half of the City o'f Anaheim with ~Pa DE LEON CONS~RUC'iiON., INc. ~ , ., which said c'entraCt was duly made and entered into on the~ day of .h~na ~ 19~; and WHEREAS, the said g.tALPH DE L~ON CON_ST,~.,UCTION~ INC. has f~rnished all plant~ labor~ ser- vices, materials" and equipment and all utilities and transportation, and performed all work necessary for the construction and complction~ in a good and workmanlike manner~ in strict accordance with the speciftcations~ plans~ drawings of said public improvement as specified in the notice inviting sealed proposals aha in the der. ailed designs, pians~ drawings~ and spe~cations pr'epared by the Public %~,'orks De~)ar~ment ~ and the contract made and entered into with ...... it by the City of Anah~im~ and WHEREA$~ the Directoz' oll Public Uorks ha~ 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 ~L~.~LFti DE LEON CONSTRUCTI_QN, INC. ; and ......... i i , i i . i i i i .- i i , ii ' I i i WHEREAS~ the City Council finds that said contractor has completed said public improvement her¢inabove 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- ',.:~ce with the contract documents° NOW~ 'THEREPORE~ BE IT RESOLVED by the City CounCil of the City of Anaheim that all plant~ labor~ se~vicess materials and equipment and all utilities and transportations and ~the per= formance of all work necessary to constructs install and completes in a good and workmanlike manner~ in strict accordance with the specificationss 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 forths in the City of Anaheim~ by said contractor~ be~ and the same are hereby accepted~ ~ubJect~ nevertheless~ to all the terms~ conditions and provisions of the contract documents~ and that the balance due said contractor ~or said work be paid to ~ thirty=five (35) days from and after final acceptance of sa~rk as evidenced by the adoption of this resolutions but not soone~ than thl~y (30) days after the date of the filing of notice of completton~ excepting only much 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 from all claims and liabilities due the contractor for anything done or furnished or withheld or fo~ anything relating to the work or any act or neglect of the City~ its offlcers~ agents and employees~ excepting only claims against the City for any amounts withheld by the City at the time of ~uch 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 RES~OL~UTION is approved and signed by me this day of ....... , ............ J,~_!!~ar y ~-9'$ 4 o . CITY'CLERK OF THE CITY OF AI AHEII STATE OF CALIFORNIA ) COUNTY OP ORANGE ) s s o CITY OF ANAHEIM ) I~ ._, DENE M. U/'ILLiA~4S ~ City Clerk of the City of Anaheim~ do'hereby ~'~rti'fy tha~ 'the foregoing resolution was introduced and adopted at a --- regular meeting pro= vialed by law of the City Co~cil 'of the City of Anaheim~ held on the 2$th day of J'.anu~ry. ~ 19 64 by the following vote' AYESo o COUNCILMEN~ Dutton, Chandler, Schutte, Krein and Coons NOES COUNCILMEN ~ None ABSENT: COUNCILMEN2 None AND I IW~RTHER CERTIFY that the Mayor of the City of Anaheim approved and si~ed said resolution on the 28th day of ~ ,J,~nuar.~. ........ ~ 19 ol."_~o ~ IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City of Anaheim this .~ day of .~, January ~ 19 64 o (SEAL) CITY 'Cr.~.~-OF THE CITY OF ANAHEIM