1968-007RESOLUTION NO. 68R -7
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
CONSTRUCTION OF THE WALNUT CANYON RESERVOIR,
LOCATED ON THE NOHL RANCH, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 6004, INCLUDING
ITEM 35A, ALTERNATE "A."
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 7th and 14th days of January,
1965, 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
construction of the Walnut Canyon Reservoir, located on the
Nohl Ranch near the upper end of Walnut Canyon, approximately
2 -1/2 miles east southeast of the intersection of the Santa
Ana Canyon Road (Riverside Freeway) and Imperial Highway,
in the City of Anaheim, including clearing and grubbing; stripping,
trimming, excavation, grading, compacting, and transporting
materials, placing concrete; furnishing and installing piping,
valves, anchors, headwalls, gunite channel, vents, tubing,
temperature and operator controls, fittings, pumps, motors
and sumps; 4, 6, 18, 24 and 36 -inch pipelines; drainage systems;
asphaltic concrete and untreated rock base for roadways; 6-
foot chain link fence; asphalt panel or butyl lining; and
other related 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, Work Order No. 6004, includ-
ing Item 35A, Alternate "A."
in accordance with the designs, plans, profiles and specifica-
tions prepared by Boyle Engineering, 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 28th day of January, 1965, 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 state that the prevailing
hourly wage scale so ascertained was on file in the Office of the
City Clerk; and
WHEREAS, the City Council did thereafter cause to be
published in the Anaheim Bulletin a notice giving notice of the
change of date for the opening of sealed proposals for said public
improvement and extending the time to February 11, 1965 at 2:00
o'clock P.M. for the opening of said sealed proposals; and
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WHEREAS, on February 11 1965 at the hour of
2:00 o'clock P.i4., 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 neRt regular meeting, held on the 2nd
day of March 19 65 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 JOE E. LONG, LOMAR ORPO AT Nn
C. K. EVANS, INC., a Joint Venture,
for the construction, installation and completion of said
construction of Walnut Canyon Rosprvnir, Work )rcler No 6004 in-
cluding Item 35A, ALTERNATE "A," hereinabove mentiorfeci
and described, was the lowest responsible proposal submitted
tnerefor, and thereupon accepted said bid and did award a contract
to said JOE E. LONG, LOMAR CORPORATION luip C. K, EVANS, INC., a
Joint Venture, 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 JOE E. LONG, LOMAR CORPORATION
AND C. K. EVANS, INC., a Joint Venture, which said
contract was duly made and entered into on the 5th day of
March 19 65 and
WHEREAS, the said JOE E. LONG, LOMAR CORPORATION AND
C. K. EVANS, INC. has furnished all plant, labor,
services, materials and equipment and all utilities and trans-
portation, 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 detailed designs, plans, drawings, and
specifications prepared by Boyle Engineering
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 improvement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said JOE E. LONG, LOMAR CORPORATION
AND C. K. EVANS, INC., a Joint Venture and
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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 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, 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 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 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 2nd day of January 19 68
ATTEST:
CIT
CLERK OF THE CITY OF ANAHEIM
(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 No. 68R -7 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim, held on the 2nd day of January, 1968, by the
following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Chandler and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Schutte
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 68R -7 on the 2nd day of January,
1968.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 2nd day of January, 1968.
)1 \l' i; 7- 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 -7 duly passed and adopted by the Anaheim City Council on the 2nd
day of January, 1968.
City Clerk