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64-454RESOLUTION NO~, 64R-454 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 CONSTRUCTION OF A STORM DRAIN IN HARBOR BOULe, ~-0~-01~ CREEK REINFORCED CONCRETE BOX IN LA PALMA AVENUE TO NORTH STREET, %N THE CITY OF ANAHEIM, JOB NO. 791_. 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 5th and 12th days of September , 19 63 , a notice inviting sealed proposals for furnzshing the fol'l~g: Ail 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 construction of a 42-inch re- inforced concrete pipe storm drain in Harbor Boulevard, from the Carbon Creek reinforced concrete box in La Palma Avenue to North Street, in the City of Anaheim, including excavation, backfill and flooding; siphon reinforced. concrete pipe; construction of junction structures, catch basin, connector pipes, and appurtenant work, as more particularly set forth in the plans and specifications on file in the Offfce of the City Clerk or City Engineer, Job No. 791. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o~clock Po M. of the 19th day of September , i~__6~ ..... , and which said notice-~ 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 exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and 2:00 WHEREAS, on September 19.____, 19 63 _, at the hour of o~clock P~ M~, the City Clerk and the City Engineer of the City of Anaheim did ooen said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and. transportation, in- cluding 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 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 public, in the City Council Chamber in the City Hall, Anaheim, California, and the <]ity Engineer did tabulate the result of said sealed proposals and ~tid 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 24th day of September , 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 BOSKO CONSTRUCTION~ 8520 Fishman Road~ Pico 2ivera, California for the construction, installation and completion of said ~storm drain in Harbor Blvd., from La Palma Avenue to North Street Job No. 791 ............ hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said BOSKO CONSTRUCTION for furnishing all plant, labor, ser- a, ices, 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 ~o execute a contract for and. on behalf of the City of Anaheim with BOSKO CONSTRUCTION ~ich said contract was duly made ~nd entered into on the __~ day of Sepgember , 19__~; and iCHEPgAS, the said BOSKO CONSTRUCTION has furnished 'all plant, labor, ser- vices, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and wor!~nanlike 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, plans, drawings, and specifications prepared by the Public Works Department __, and the contract made and entered into with i_i____by the City of .Anaheim; and WHEF~AS, the Director of Public Works has duly certified to the construction and completion 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 BOSKO CONSTRUCTION ; an~ ~EREAS, 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. NOW, ~HEREFORE? BE 'IT RESOLVED by the City Council of the City of Anaheim that all plant labor, service,~, and equipment and all utilities and transportation, and the Dec.-. for~,ance of all work necessary to construct, install and in a good and workmanlike manner, in strict accordance with specifications, plans and drawings therefor on file in the Offic~ of the City Clerk of the City of Anaheim~ together with the appurtenances tbereto~ said public improvement he~einabove ~ore particularly described and set; forth, ~n the City of A_~abeim by said contractor, be, and the same are hereby accepted, ~ubjec~ 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 (]~5) days from and after' final acceptance of said w--~rk as evidenced by the adoption of this resolution, but 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 documents. That acceptance by the con~ tractor of said payments made in accordance with sai~ final estimate shall operate and shall be a release to the City of Anaheim~ i~s 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 employees, excepting only claims against the City for any amounts withheld by the City at the time .of such pa>~ent~ ~ND BE IT FURTHER RESOLVED that the Mayor and the City Clark of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as ~quired by law~ THE FOREGOING RESOLUTION is..approved and signe~ by me this 23rd day of June MAYOR' OF THE~~ ' ATTEST~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I ~l ~ 'DENE M. WILLIAMS , Cit~, Clerk.~ of the City of Anaheim, do h~eby ~~regoing resolution was intro~ duced and adopted at a -- regular meeting provided by 'law of the City Council of the City of A~aaheim, held on the 2_2~ day of June _ ~ 19 64 . AYES~ COUNCILMEN~ Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN '~ None ABSEN~T ~ COUNCILMEN~ None AND I FURTHER CERTIFY that the Mayor of the City of ~naheim approved and signed said resolution on the 23rd day of June 19 64 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd of June __, 19 6__j_4 ~. (SEAL) day ~I~Y CLERK OF THE CITY O~ ANAHEIM