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1962-0442RESOLUTION N0, 62R 442 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 BEACH BOULEVARD SEWER IMPROVEMENT, FROM APPROXIMATELY 330 FEET SOUTH OF THE CARBON TO ORANGE AVENUE, IN THE Cf ANAHEIM, .1OR NCB_ 1241. 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 February 6 and February 13 19 62 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 Beach Boulevard Sewer Improvement, consisting of the construction of an 8 -inch V.C.P. sewer line in Beach Boulevard from approxi- mately 330 feet south of the Carbon Creek Channel to Orange Avenue, in the City of Anaheim, including excavation, backfill and flooding, construction of manholes and laterals, and appurtenant work as more particularly set forth in the plans ard specifications on file in the Office of the City Clerk or City Engineer, Job No. 1241. 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 ofclock Po M. of the2lst day of Fehriisry 9 19 62 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 February 21 1962 9 at the hour of a.nn ovclock 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 regular meeting fl and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 27th day of February 9 19 62 9 at the hour of 3 :00 avolock 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 DE LEON CONSTRUCTION INC_. 207 Coffman Avenue. Anaheim. California. for the construction, installation and completion of saidBeach Boulevard Sewer Improvement. Job No. 1241. hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said RALPH DE LEON CQN INC. 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 DE LEON CONSTRUCTION. INC.: which said contract was duly made and entered into on the 5th day of March 9 19 62 anL. WHEREAS, the said RALPH DE LEON CONSTRUCTION, INC. has furnished all plant, labor, ser- vices, materials and equipment and all utilities and transportation, nd 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 am in the detailed designs, plans, drawings, and spe. ications prepared by the Public Works Department 9 and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director 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- 8th ATTEST: (SEAL) NOW THEREFORE, BE IT RESOLVED by th, City Cound it 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 said work as evidenc: =:d 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 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 employees, excepting only claims a ainat 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 hcrrby authorized to execute and file a notice of completion of said work as required by law, THE FOREGOING RESOLUTION is •proved and signed by me this day of Ma 1' 62 STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM Is, U 9 City Clerk of the City of Anaheim, do hereby certi.y that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council cotiECTIOTTErUny of Anaheim, held on the 8th day of May 9 19 62 by the following vote: AYES: COUNCILMEN: Chandler, Dutton, Krein, Schutte and Coons. NOES: COUNCILMEN:: None. 03® ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 8th day of May 9 19 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of Mg1r 19 62 0 c i T CIT A TAHEIM