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1961-6746A 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT THE SUNKIST STREET SEWER IMPROVEMENT =!v Le FEET N THE CITY OF ANAHEIM a:1, t a JOB �(O 1207. WHEREAS, the City Council of the City of Anaheim did cause to be published in a new paper of general circulation,. printed, published and cirouiated in the City of Anaheim, to wit: The Anaheim on n ar__.._10 and Januar 1 19 61 9 a no c, invit'ng sealed proposals or ..urn. s ng e following: RESOLUTION NO. 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 Sunkist Street Sewer Improvement, consisting of the construction of an 8 -inch V.C.P. sewer line in Sunkist Street, from Wagner Avenue to approximately 533 feet South of Wagner Avenue, in the City of Anaheim, including excavation, backfill and flooding, construction of manholes and laterals, and all appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerkcr City Engineer, Job No. 1207; in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. Piersall, City Engineer, 9 and the notice inv ting seq. ed proposa s, which said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 ouclock PoM, of the 26th day of anuar 1 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 rat 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 anuar 26 9 19 61 9 at the hour P of p_Co o °clock eM0 tae thi wirtIty Engineer of 6746 the City of Anaheim did *pen s <id seaiczd proposals received up to that time for th furnishing of all plant, labor, services, materials and equipment, and all utilities and transport:- tion including power, fuel and w. ter a performing all work neces- sary to construct and compiete 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, th(z public i.mprov: =went hereinabove more parti- cularly 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 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 31st day of anuaryTI T 9 19 61 9 at the hour of F 00 oQclock 09 cons:..er e seal2;d propos:.is submitted or 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 DE LEON CONSTRUCTION CO. 131_ Coffman Avenue �Anaheim California for the construction, insta;_ ation and comp et on o sac Sunkist Stree e e •rovement ob No 120 erne nabove mentioned and descorib -d, was the lowest re:- ponsib e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said DE LE N CONSTRUCTION CO.. 131 Coffman Avenue. Anaheim. California. for furnishing all piant labor, servioes materials and equ -p ment and all utilities and tr°ansportati.on 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, p'lans and drawings, the said public improvement as speci,fi d 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 DE LEON TI -_C which said contract was du' y ma a an enter; n o on the 3rd day of February a 19 and -2- WHEREAS, the said CsNSTRU _T IAN 0 has furnishes a:.1 p_'ant abor sere ces mat er ads and equipment and all utilities and transportation, and performed all work nec =ssary 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 and in the detail, designs, plans, profile drawings and specifications pre- pared by _As .:"7. th contract male and entere into w it he City of Anaheim; and and WHEREAS, the Director of P bl has duly certified to th construction constiaFfrKriBa completion of sass public im- provement hereinabove mentioned and described, in accordance with the plans and sp :ctfications and the contract documents duly made and entered into with said DE LEON CONSTRUCTION CO. 131 Coffman Avenue Anaheim California 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 documents0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of An beim that :.11 pla it labor, services, materials and equipment and all utilities and transp:urtati.on, and the per- formance *f. all work nee nary 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 thy: City Clerk of the City of Anaheim, together with the appurtenances theret t s: id public improvement hereinabove more particularly d :scribed and set forth, in the City of Anah -im, 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 iraTrork as .videnced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice -f completion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. Th" t ace ptan ce by the con- tractor of said payments made in accordance with said final estimate shall operate and shall b. 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 empiye °s excepting only claims against the City for any amounts withheld by the City at the time of such payment, (SEAL) -3- AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be and th:y are hc_ authorized to execute and file a notic; of o ompletion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 141h day of March 19 61 STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM 1 DFNF M_ eL i..TAMS ___._._,9 City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular +:eeting pro- vided by law of the City Counci of the ity of Anaheim, held on the 1 th day of March 19 61 9 by the following vote AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte NOES: COUNCILMEN:: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of March 9 19 61 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 111th day Of Mare1 19 61 0 C I AIA `l