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69R-497 RESOLUTION NO. 69a- 497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, ~'1ArI'ERIALS AND EQUIPME:i:JT AND ALL UTILITIES AND TH.ANSPORTATION INCLUDING pm'lER, FUEL AND i'JATER, AND THE PERFOill,lANCE OF ALL \vORI< NECESSARY TO CONSTRUCT AND CONPLETE THE FOLLOWING PUBLIC IMPROVEl'lENT, TO WIT: THE CHAP~1AN AVENUE-HARBOR BOULEVARD STREET, STOPN DRAIN AND SE~JER IHPROVEI1EN'l'S IN TI-IE CITY OF ANAHEIM, WQill( ORDERS NOS. 547-B, 556-B, 1213 AND 5027. vlliEREAS, 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 31st day of October and the 7th day of November , 1968, a notice inviting sealed proposals for furnishing the following; 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 Chapman Avenue- Harbor Boulevard street, storm drain and sewer improvements, consisting of the construction of street improvements in Chapman Avenue from approximately 1650 feet east of Harbor Boulevard to approximately 660 feet east thereof, and in Harbor Boulevard fronl Katella Avenue to Chapman Avenue; construction of a storm drain in Chapman Avenue from approximately 1322 feet east of Harbor Boulevard to Harbor Boulevard, and in Harbor Boulevard from Orangewood Avenue to Chapman Avenue; and construction of a sewer in Harbor Boulevard from approximately 2030 feet north of Orangewood Avenue to Orangewood Avenue, including clearing and grubbing; excavation and compacted backfill; construction of a storm. drain system including 18" to 96" R.C.P., catch basins, manholes and appurtenances; construction of asphalt concrete pavement over aggregate base; placement of variable thickness asphalt concrete; construction of P.C.C. curbs, gutters, spandrels, sidewalks, and drive approaches; construction of V.C.P. sanitary sewer; reloca-tion of V.C.P. sanitary sewer; modification of traffic signals, 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, Work Orders Nos. 547-B, 556-B, 1213 and 5027. 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 P.l1. on the 14th day _.t:: 1'.T_...._.....,...'t-.__ 1('\1::.0 """...........::J 'I'.'I'1,....~_1.... _.....:...1 __.J..':__ ,.-:,.:~ _4--....._ ...."""',.::I ....::!,.....,..1""'\"..._ WHEREAS, on November 14 , 1968 , at the hour of 2:00 o'clock P.M., the-City-Clerk-and the-city Engineer of the City of Anaheim did open said 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, and 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 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 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 19.:n day of November ,1960, at the hour of 1:30 o'croc~ 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 __.i~ru"2.!.ca Co .:..~S50 'fut Uil8!!.______ Avenue 2 Sun Val~ California~ ror the construct~on;-rnstarlat~on-ana compretron~r-safa Chapman Avenue-Harbor Boulevard street~_stQ~~_dr~in_an~_~~~~~_i~ovement~, \].0.:.. Nos.:..~I:.!i~_5j6-B..1...z.-1f.1Land 502~L~_ _ hereinabove mentioned ana descr~bed, was the Lowest respons~bre proposal submitted therefor, and thereupon accepted said bid and did award a contract to said ~arubica Co. -----------------------for furnishing all plant, labor, services, mater1ars and-eqUIpment and all utilities and transpor- tation, 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 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 Zaruuica Co. which said contractwasduly-made-and-enteredinto-on-the---Z5th day of November , 192.!L_ and ------ WHEREAS, the said Zarubica Co. has furnished all plant, labor, servrces; materfars-ana-equfpment and all utilities and trans- portation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, 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 D~artm~llt_~_______ , and the contract made and entered ~nto wit~:rt____ by-fhelCity of Anaheim; and WHEREAS, the Director of Public 1iJorks has duly certified to theconstructfOnand completion-of-saId----- nublic imnrovement hereinabove mentioned and described. in accord- WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly 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 accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and com- plete, 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, together with the appurtenances thereto, said public improvement herein- above more particularly described and set forth, in the City of Anaheim, 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 con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance of-sai~work 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 contractor of said payments made in accord- ance 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 for anything relating to the work or any act or neglect of the City, its officers, agents and em- ployees, excepting only claims against the City for amounts with- held by the City at the time of such payment. 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 law. THE FOREGOING RESOLUTION is approved and signed by me this 2bt~_ day of MAYOR 0 THE CITY OF ANAHEIM ATTEST: ,0 ~.~_ ~ERK OF THE CITY OF ANAHEIM -3- STATE OF CALIFORNIA ) CDUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, CitYi~lerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-497 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 26th day of August, 1969, by the following vote of the members thereof& AYES, CX>UNCILMEN , Dutton, Krein, Schutte and Clark NOES, CDUNCILMEN , None ABSENT, CDUNCILMEN , Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-497 on the 26th day of August, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of August, 1969. iJ~ ht. ~;..~.) CIT CLERK OF TIlE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R-497 duly passed and adopted by the Anaheim City Council on August 26, 1969. ~ )no ~;,--, Ci ty Clerk