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1961-6742RESOLUTION NO. 6742 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT TO WIT THE "FREEWAY PARK" SEWER IMPROVEMENT IN THE C •F WHEREAS the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation,. printed, published and circulat d in the City of Anaheim, to wit; The Anaheim Bulletin 9 M n r 19 60 9 a no ce nvi '_ng sealed proposals or urn _s ng e fo owing: 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 "Freeway Park Sewer Improvement, in Sequoia Avenue from Siesta Street to LaPalma Avenue; in Siesta Street from Sequoia Avenue to Valdina Avenue; in Monterey Street from Sequoia to Valdina Avenue, in Ventura Street from Sequoia Avenue to Valdina Avenue; in Alamo Street from Sequoia Avenue to Valdina Avenue; in Moraga Street from Sequoia Avenue to Valdina Avenue in Moro Place from Moraga Street to Moro Lane, in Moro Lane from Moro Place to Valdina Avenue, and in Valdina Avenue from approximately 50 feet east of Siesta Street to Gilbert Street, consisting of the construction of sanitary sewers; construction of standard brick manholes; construction of 4 -inch house laterals, 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. 1202; hourly wage scale so ascertained; and WHEREAS, on 2:00 o 09 the -1- in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. Piersall Cit Engineer and the notice inv`.ting .sea _e•- proposa 8 which said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 oUclock P.M. of the 20th day of October 9 l 0 and which said notice did state an ec are that, pursua 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 9 19_ipt_ at the hour erk and City Engineer of the City of Anaheim did open s; id sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation,. including power, fuel and water, azal performing all work neces- sary 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 Clerk of the City of Anaheim, the public improv -ment hereinabove more parti- cularly described =nd set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did t:.bulate the result of said sealed proposals and did make a report to the City Council -t its next adjourned regular meetings and WHEREAS, the City Council of the City of Anaheim did, at its next ad ou_rned_ regular meeting, held on the 1st day of November 19 60 at the hour of 3:00 o clock 0M0, cons er seal d proposa submitted or nishing the materials and performing the work hereinabove more particularly described .nd set forth, and did thereupon find and determine that the sealed proposal submitted by DE LEON CONSTRUCTION CO.. 131 Coffman Avenue Anaheim California or the construction, insta _lotion and comp et .on o sa "Freeway Park" Sewer Im•rovement Job No. 1202 ere nabov mentioned and describ; -d, was the lowest r .pon, -.ib e proposal submitted there and thereupon accepted said bid and did award a contract to said DE_LEON CONSTRUCTION CO. 131 fman ;venue Anaheim California for furni r,hing all plant, lab >r, services, materia:;_ s and equ 4- ment and all utilities and transpA-rLtati.on, including power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manne in strict accordance with the specifications, plans, and drawings, the said public 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 DE LEON CONSTRUCTION CO. which said contract was duly made and (ntere n o on the 2nd day of November a 19 60 and WHEREAS, the said DE LEON CONSTRUCTION CO. 131 Coffman Avenue Anaheim. Cal ifornibas turn shed a] 1 p ant, abor, serv' ces, materials and equi.pm >nt and all utiliti; s 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, profiles, drawings and specifications pre- pared by Thornton E. Piersall, City Engineer and th contract ma •e an en ere into w', lt `y he City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construct on and comp etion of saidpublic 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 venue Anaheim California and 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 documents. NOW, .THEREFORE, BE IT RESOLVED by the City' Couneil of the City of Anaheim. that all plant, la0or servies, Aaterials and equipment and all utilities 4rid transportation zd thg per- formancg of all work necess ry to construct, install and completg, in a good and workmanlike lanner in strict ceordance with the specificatione, plans and drawings therefor or file in the Office of thg City Clerk of the City of Anaheim, together with the appurtenances thereto, said publiu improvement hereinabove more particularly described and set forth, In the City of Anaheim by said contractor, be, and the same are hereby t4,ceepted, subjgct, neverthg1ess to gll 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 aftgr final acceptancg of ad wk a evidenced by the adoption of this resolution, but not sosner that thirty (30) days aft r the data of the filing of notice of completion 4xcepting only suoh sum or sums as may lawfully be withheld in accordanee with the provisions of said contraot and contract dments That acceptance by the con- tractor of said payments made in a.ordance with said final imate shall operate and shall be a release to the City of Anaheim, its officers, agents ard employees from ail. ei ims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any at or neglect of the City, its officers, agents and employges, 4.xceping only cl':)ims against the City for any amounts withheld by the City at the tim; of such payment ATTEST (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM AND BE IT FURTHER RESOLVED that thg Mayor and the City Clerk of the City of Anah4im be, and they are hereby :puthorized to execute and file a notic of completion of said work s required by law THE FOREGOING RESOLUTION is approved and signed by me this day of March 9 19 61 regular meeting pro- vided by law of the City Council of the ity of Anaheim, held on the 14th day of March 19 61 9 by the foll*wing vote DENE M. WILLIAMS 9 City Clerk of the City of Anaheim, do hgreby certify that the foregoing resolution wa introduc d and dopted at AYES g COUNCILMEN Chandler, Coons, Fry, Thompson and Schutte NOES COUNCILMEN e None ABSENT COUNCILMEN None AND 1 FURTHER CERTIFY that the M yor of the City of Anaheim approv d and signed seid resolution on the JAIL_ day of Vamcb___ _9 19_61 o ;z1 IN WITNESS WHEREOF, 1 have h reunt* set my hand and affixed the official seal of the City of Anaheim this 14th day of March 19 61 ,0