1968-311RESOLUTION NO. 68R -311
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
GILBUCK DRIVE STORM DRAIN IMPROVEMENT, FROM
SOUTH CENTRAL PARK AVENUE TO GILBUCK DRIVE,
IN THE CITY OF ANAHEIM, JOB NO. 232.
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 28th day of March and the
4th day of April 1968 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 man-
ner, 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 Gilbuck
Drive Storm Drain Improvement, from South Central Park
Avenue to Gilbuck Drive, in the City of Anaheim, con
sisting of the installation of 29" x 18" C.M.P.,
including all necessary fittings; jacking of 36 -inch
steel casing; construction of P.C.C. headwall and tran-
sition; excavation, backfill and compaction, and appur-
tenant 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. 232.
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 llth day of
April 1968 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 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
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WHEREAS, on April 11 19 68 at the hour of
2 :00 o'clock P.M., the City Clerk and the City 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 particularly
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; and
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the 16th
day of April 19 68 at the hour of 1:30 o'clock
P.M., consider 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 M. L. GARTEN, 2430 Grivey Avenue,
Anaheim, California,
for the construction, installation and completion of said Gilbuck
Drive Storm Drain Improvement, from South Central Park Ave. to
Gilbuck Dr., Job No. 232, hereinabove mentioned
and described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said M. L. GARTEN
for furnishing all plant, labor,
services, materials and equipment and all utilities and transpor-
tation, 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 M. L. GARTEN
which said
contract was duly made and entered into on the 17th day of
April 19 68 and
has furnished all plant, labor,
services, materials and equipment and all utilities and trans-
portation, and performed 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 detailed designs, plans drawings, and
specifications prepared by the Public Works Department
and the contract made and entered into
with him by the City of Anaheim; and
WHEREAS, the
has duly certified to the construction an completion of said
public improvement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said M. L. GARTEN
and
WHEREAS, the said M. L. GARTEN
Director of Public Works
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with the 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, services, materials
and equipment and all utilities and transportation, and the
performance 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, 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 con-
tractor for said work be'paid to him 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 contractor of said payments made in accord-
ance 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 em-
ployees, excepting only claims against the City for amounts with-
held 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 5th day of June 1968
ATTEST:
CI fi CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE iss.
CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 68R -311 was in-
troduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 5th day of June,
1968, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 68R -311 on the 5th day of June,
1968.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this 5th day of June, 1968.
CITY 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.
68R -311 duly passed and adopted by the Anaheim City Council on June
5, 1968.
City Clerk