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64-061RESOLUTION NO. 64R-61 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' CONSTRUCTION OF ~ ~T~q~ nP~N IN HATELLA AVENUE. FROM THE ANAHEIM-RARRER. CITY CHANNEL EASTERLY TO WEST STREET. IN THF. CITV O~ ANAHEIM. JOB NO. 7k9. 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 gth and llth da~.l~ of Ap.r~i . , 19 6~ , a notice inviting sealed p~o~osals ~'or furnishing the following' Al! 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 construct ion of a 96- inch rein- forced concrete pipe storm drain in Katella Avenue, from the Anaheim-Barber City Channel easterly approximately 3,280 feet to West Street, in the City of Anaheim, in- cluding manholes, junction structures, inlet to channel, jacking of 96-inch reinforced concrete pipe, A.C. paving, back-fill and flooding, sheeting of mainline trench, 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. 71~9; in accordance with the designs, plans, profiles and specifica- tions prepared by thc Public Works Department , and the notice inviting sealed proposals, which sai~ notice specified that sealed proposals as specified in said notice would be received up until 2:00 o~clock Po M. of the 18th day of April , 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 2:00 WHEREAS, on April 15th , 19 6~ , at the hour o'clock P. M., the City Clerk and City Engineer of -1- the City of Anaheim did open said aealed proposals received up to that time for 'the furnishing of all plant~ labor:~ se~vices~ materials and equipments and all ut~iitfes and transportation~ inciud[ng power', fuel and wat, er.~ and performing all work neces~ sary to construct, and complete~ in a ~cod and workmanlike manner~ in strict accordance with the speclflcations..~ plans and draw.~ngs therefor on file in the Office of the City Cierk of the City of Anahefm~ ~.he public improvement hereinabove more patti= cularly' described and set forth~,~ ~n public~ in the City Council Chamber in the City Hatl.~ ~aheim~ Caiifor~nia~ .and the C:~ty Engineer did tabulate the result of said sealed proposal, s and did make a report to the City Counc~.i at it.s next __ regular meetin9~ and WHEREAS, the City Council of' t~.e City of Anaheim did, at its next~ -- regular meetin§~ held on day of Aoril._ ~ 19_~~ at the hour o~clock Po Mo, co'nside~ t'he sealed proposals submitted for fur~ nishing the materials and performing the work hereinabov¢ more lm~ttcularly described and set forth, and did thereupon find and determine that the sealed proposal s~abmitted by. JOHN..A. ARTII- CH SONS,. ~[NC., 16200 South Atlantic. Paramount. Calif~rni~ Kf'OoVr'Ithe construction, installati°n and Completion. bf said storm drain in Katella Avenue. _lob No. 7hq. ~ -------'- 'hereinabove mentioned and described~ was %h-e '].;;',west responsible proposal submitted therefor~ and thereupon acceptea said bid and did award a contract to said .JOHN A. AR..TUKOV!C._.~.;~..SO~N~INC ~-or furni'Shin9- 'all plant la]~-er.~ ervices~ materials and equt~= ment and all ut~lities and transportation~ includin9 power, fuel and water~ and performing ail work necessary to construct and complete, in a 9ood and workmanlike manner~ in strict accordance with the specifications~ plans and drawings~ the said public improvement as specif~ed in said notice invitin9 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 JO~ A, ARTUKOVICH SONS, INC.. which said contract was duly made and entered' into on the 2~th day of April .... ~ 19~~ an~ WHEREA5~ the said .... ~JOHN A~ ARTUKOVICH SONS. INC.. ~_ , has furnished all plant~ labor~ ser~ vices~ ~nateriia'Is and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manners in strict accordance with the speciftcations~ plans~ drawings of said public improvement as specified in the notice inviting sealed promosals m~a in the detailed designs~ p~ans~ drawings~ and spe~**~cations pr~epared by _the Ptlblic .Works Depart;m.e_nt ~ and the contract made and entered into with it by the ~ity of Anaheim; and WHEREAS~ the_Director mf ~h~bl{r. Wmrk.~ ,, ha~- duly certified to the construction and completion of said p-ublic im~ provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said_ JOHN ........ _. , ................ ; 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- :~'~ce with the contract documents° NOW~ 'THEREFORE~ BE IT RESOLVED by the City CounCil of the City of Anaheim that all plant~ labor~ ~ervlces~ materials and equipment and all utilities and t~an~portation~ and the per= formance of all work necessary to construct~ install and completeo in a good and woPkmanlike 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 hereinabove more particularly described and set forth~ 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 for said work be paid to i t thirty~five (35) days from a~d after final acceptance of sa~rk as evidenced by the adop$io~ of this resolution~ but not soo~er than thirty (30) days after the date of the filing of notice of completions excepting only such sum or sums as may lawfully be withheld i~ accordance with the provisions of said contract and contract docume~tso 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 o~ fo~ 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 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 requi~ed by lawo THE FOREGOING RESOLUTION is~ved and signed by me this _4%h day of February ~/19 6~ ) o /"/ ......... . ................................... > - ~OH OF T~E GI~ OF ~A~ - ATTE~ ~ STATE OF CALIFORNIA. ) COUNTY OF ORANGE ) Sec CITY OR ANAHEIM ) I~ _ DENE M- WILLIAMS ..... ~ City Clerk of the City of Anaheim~ do-hgr~by~ 6'eg'{ify"tha6' 'the foregoing resolution was intPoduced and adopted at a __ regular meeting pro= vided by law of the City CounCil '~f the City of Anaheim~ held on the I, th___~ day of .... February ~ ~ ~-.~ ~ 196__4._~ by the following vote: AYES o o COUNCILMEN: Dutton, Schutte, Krein and Coons NOES COUNCIL~ o~ None ABSENT: COUNCILMEN~ None TEMPORARILY ABSENT: COUNC I IJ~N~. Ch and let AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the ~ day of Februsry ............ ~ 19~o IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this ~ day of _, Feb_rua,~y_ · ,~-~___- ~ 19~o (SEAA) CI'i~ '-CLERK-OF THE CITY OF ANAHEIM -3-