63-0704RESOLUTION NO. 63R -704
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 BALL ROAD STREET IMPROVE-
MENT, FROM LOARA STREET TO SHE_RRILL STREET. IN
THE CITY OF ANAHEIM, JOB NO. 4809.
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 August
1962 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 Ball
Road Street Improvement, from Loara Street to Sherrill Street,
in the City of Anaheim, consisting of excavation, embankment,
miscellaneous removals, disposals and relocations; construction
of 2, 3 and 4 -inch, and variable thicknesses of A.C. pavement,
including skin coat and the application of paint binder; 4
inches of aggregate base; Portland Cement Concrete curb and
gutter, Portland Cement Concrete cross gutter, Portland Cement
Concrete driveways, Portland Cement Concrete irrigation line
and standpipes; corrugated metal pipe arch culvert; adjustment
of existing manholes and water valve boxes to grade; installa-
tion and relocation of paddle boards, 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. 4809.
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 30th day
of August 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 August 30 19 62 at the hour
of 2.00 o'clock P. M., the City Clerk and dIETT 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 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 meetings and
WHEREAS, the City Council of to City of Anaheim did,
at its next regular meeting, held on the 4th
day of September 19 62 9 at the hour of 3:00
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
MACHINERY SERVICE INC. 4610 Santa Ana Street u a a i ornia,
for the construction, installation and completion of said a
Road Street Improvement, in the City of Anaheim, Job No. 4809
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said ELECTRIC MACHINERY SERVICE 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 ELECTRIC MACHINERY SERVICE, INC.
which said contract was duly made and entered into on the 7th
day of September 1962 and
WHEREAS, the said ELECTRIC MACHINERY SERVICE, 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 anH in the
detailed designs, plans, drawings, and speLilications 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 ELECTRIC MACHINERY SERVICE, 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,
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 said 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 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 against the
City for any amounts withheld by the City at the time of such payments
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
27th day of August
ATTEST
(SEAL)
STATE OF CALIFORNIA
COUNTY OF ORANGE ss,
CITY OF ANAHEIM
1 DENE M. WILLIAMS
of Anaheim do hereby certify that the
introduced and adopted at a
NOES: COUNCILMEN: None
_3-
9 City Clerk of the City
foregoing resolution was
regular meeting pro-
vided by law of the City Council of the City of Anaheim held on the
27th day of August 9 19 63 9 by the following vote:
AYES: COUNCILMEN° Chandler, Schutte, Krein and Coons
ABSENT: COUNCILMEN: Dutton
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 27th day of
August 9 1963
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 27 day
of August 19 63