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66-231RESOLUTION NO o 66R -231 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 IMPROVEMENT, TO WIT: THE WALNUT CHANNEL IMPROVEMENT, IN THE WALNUT CANYON RESERVOIR AREA FROM THE SANTA ANA CANYON ROAD SOUTHERLY APPROXIMATELY 4.000 FEET, IN THE COUNTY OF ORANGE JOD NO. 985. INCLUDING ADDENDUM NO. 1. BID ITaEMS NO. 2 AND NO. 3. 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 18th ar4d 25th days November 19 65 a notice inviting sealed pro posals for furniing the o lowing 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 Walnut Channel Improvement, in the Walnut Canyon Reservoir Area, from the Santa Ana Canyon Road southerly approximately 4,000 feet, in the County of Orange, consisting of installation of a gunite or concrete lined channel, including all gunite or concrete, reinforcing mesh, excavation, removals, fine grading, embank- ment, compaction, oiled backfill, drainage facilities, and all 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. 985, including Addendum No. 1, Bid Items No. 2 and No. 3. in accordance with the designs, plans, profiles and specifica- tions prepared by Rv .zrigi Q and the notice inviting sealed propotil ,w tch said notice specified that sealed proposals as specified in said notice would be received up until o'clock PAM of the of December 19 65 w h ich said notice did ssta s and y declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascer- tained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and LP() WHEREAS, on qFQmb 2 1965 at the hour of o'clock P.M., the City Ciork and they 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 accord =nce 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 de- scribed 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 re- port 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 7th day of _amber er 19 65 at the hour of 1:30 o'clock P.M., con- sider 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 HANE GUNITE COMPANY I NC. 2400 East 70th Street Long Beach, California or the construc- tion, installation and completion of J said Walnut Channel Improve- ment in the Count •b No. 985 erein ove mentione an• escri e was l owest responsi a propos; 1 s ibfriitted therefor, and thereupon accepted said bid and did award a contract to said HANE GUNITE COMPANY, INC. for furnishing all plant, labor, services, materials and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct and complete, in a good and workmanlike m. =nner, in strict accord nce with the sp-cifica- tions, plans and drawings, the s: id public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of An =heim to execute a con- tract for and on behalf of the City of Anaheim with which said contract was .0 '.y ma •e an. entere" into on t e 9th day of 19 65 and December go :.k WHEREAS, the said has urnis; e. a p ant, or, servi.cT materials and equipment and all utilities and transportation, and performing 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 de- tailed designs, plans, drawings, and specifications prepared by B i and the contract made and entere Into with it by the City of Anaheim; and WHEREAS, the D' -c has duly certified to the construction an comp etion o sai public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with s. id H E GUNITE C. z Y IN an 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,.;ervices, materials and equipment and all utilities and transportation, and the per- formance 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, i44-tke-Gity-e i Anathemi: 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 3e p‘lid ro thirty-five (35) days from and after final acceptance of said work as evidenced by the adoption of this reaolution, but not sooner than ttirty (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 accept- ance by the contractor 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 against the City for 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 Araheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by laic THE FOREGOING RESOLUTION is approved and signed by me this 29th day of March 19 66__. ATTEST Y CL K OF TH CITY OF 7 HEIM RARKWYHE CITt OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WIL LIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R -231 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 29th day of March, 1966, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -231 on the 29th day of March, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of March, 1966. (SEAL) AYES: COUNCILMEN: Dutton, Pebley, Schutte and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler CI Y CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -231 duly passed and adopted by the Anaheim City Council on March 29. 1966.