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63-0895RESOLUTION NO. 63R 895 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 SANTA FE RAILROAD STORM DRAIN IMPROVEMENT AND THE IMPROVEMENT OF NORTH STREET. IN THE CITY OF ANAHEIM, JOB NO. 763. 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 16th and 23rd days of May, 1963 19 a notice inviting sealed proposals &)r 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 Santa Fe Railroad Storm Drain Improvement, consisting of the construction of a 33- inch reinforced concrete pipe storm drain in the Santa Fe Railroad right of way from the Carbon Creek Channel to North Street, in the City of Anaheim, including excavation, junction structures, catch basin, connector pipes, backfill and flooding 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; and the Improvement of North Street, on the north side, from the Railroad Company right of way easterly approximately 145 feet, consisting of excavation, construction of 4 -inch A.C. pavement, Type "A" curb and gutter, P.C.C. sidewalk, P.C.C. driveway approaches, 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. 763. 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. M. of the 29th day of May 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 WHEREAS, on Mav 29th 19 63 at the hour of 2:00 o'clock P. M., the City Clerk and City Engineer of -1- 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 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 meeting; and WHEREAS, the City Council of tie City of Anaheim did, at its next regular meeting, held on the kth day of June 1963 at the hour of 3200 o P. M., consider the sealed proposals submitted for fur 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 RALPH nE 1.FrN C9NSTRUCTION. INC.. 207 Coffman Avenue. Anaheim. California for the construction, installation and completion of said Santa Fe R.R. Storm Drain and the Improvement of North St.. .lnh No. 763 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said for furnishing all plant, labor, services, materials and equip- ment 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 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 RALPH T)F. 1.F.(1I( r NSTR1rC:TifN, pm_ which said contract was duly made and entered into on the 7th day of June 19,63 and WHEREAS, the said RALPH DE LEON CONSTRUCTION. INC. 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 workmanlike manner, in strict accordance with the specifications, plans, drawings of said public improvement as specified in the notice inviting sealed proposals ant in the detailed designs, plans, drawings, and spedl'ications prepared by the Public Works Department and the contract made and entered into withit by the City of Anaheim; and WHEREAS, the Tlirectar of Public Works has duly certified to the construction and completion of said public im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said RALPH DE LEON CONSTRUCTION, INC_ 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, -2- 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 per- formance of all work necessary 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 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, 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 salvork 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 said final 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 employees, excepting only claims againat the City for any amounts withheld 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 12th day of love$tber 19 (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM I DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim, held on the 12th day of November 1963 by the following vote: AYES: COUNCILMEN: Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Coons Pro Tem AND I FURTHER CERTIFY that the Mayor /of the City of Anaheim approved and signed said resolution on the 12th day of November 196, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th of November 19 .§J--0 CI CLOF THE CITY OF ANAHEIM -3.