64-907A 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 A STORM DRAIN IN CERRITOS AVE-
NUE, FROM APPROXIMATELY 1158.71 FEET LAST OF
ANAHEIM BOULEVARD TO APPROXIMATELY 1049 FEET,
EAST OF ANAHEIM BOULEVA.RD,_ IIN THE CITY OF
ANAHEIM JOB NO. 897.
RESOLUTION NO, 64R -907
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 August 27 and September 3
1964 a notice inviting sealed proposa s or
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 a 42 -inch Reinforced Concrete Pipe storm
drain in Cerritos Avenue, from approximately 1158.71 feet
east of Anaheim Boulevard to approximately 1049 feet east
of Anaheim Boulevard, in the City of Anaheim, including the
construction of a Catch Basin, Portland Cement Concrete
collar; removal and disposal of existing outlet structure,
corrugated metal pipe and Portland Cement Concrete collar;
resurfacing with 2 inches temporary asphaltic concrete,
trenching, backfill, flooding, earthwork 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. 897.
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 10th day of
September 19 64 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
WHEREAS, on September 10 19 64 at the hour of
2 :00 o'clock P.M., the City Clerks the City Engineer of
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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, in-
cluding 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 there-
for 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 15th day of
September 19 64 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, Anaheim,
California, for the construction,
installation and completion of said storm drain in Cerritos Avenue,
in the City of Anaheim, Job No. 897,
hereinabove mentioned and described, was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said M. L. GARTEN
for furnishing all plant, labor, ser-
vices, 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, the said pub-
lic 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 17t1
day of September 19 64 and
WHEREAS, the said M. L. GARTEN
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 speci-
fications, 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
Depar and the contract made and entered into
with hire by the City of Anaheim; and
WHEREAS, the Director of Public Works has duly
certified to the construction and completion of said public improve-
ment hereinabove mentioned and described, in accordance with the
plans and specifications and the contract documents duly made and
entered into with said M. L. GARTEN
and
WHEREAS, the City Council finds that said contractor has
completed said public improvement hereinabove more particularly des-
cribed 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.
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NOW 1HEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, service', naterials
and equipment and all utilities and transportation, and the per
formance of all work necessary to construct, iestall and conpleLe,
in a good and workmanlike manner, in strict accordance with the
specifications, plans and drawings therefor o file in the Office
of the City Clerk of the City of Anaheim, together with the
appurt nances 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 him thirty-five (35' days from and after
final acceptance of said work as evidenced by the adoptio, of this
resolution, but not sooner than thirty Y30) days after the date of
the filing of notice of completion, excepting only .se;ch 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 sai1 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 -)z 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 payment
AND BE IT FURTHER RESOLVED that the kayor and the City Cleri
of the City of Anaheim be and they are hereby authroriaed to execute
and file a notice of completion of said work as ired by law.
THE FOREGOING RESOLUTION is approved and signed by me this
15th day of December 19 64
ATTEST DENE M. WILLIAMS, CITY CLERK
By C6r4..frso., ■z=.,a.4-/.."' Deputy
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
SEAL
AYES
NOES,
ABSENT
19 64
MA\
1. DENE M. WILLIAMS
Anaheim, do hTi'537
duced and adopted at a
law of the City Council of the City
day of December
HE AH=1
City Clerk of the City of
f oregoing resolution. was intro-
regular meeting provided by
of Anaheim, held on the
COUNCILMEN Pebley, Dutton, Schutte, Krein and Chandler
COUNCILYTN None
COUNCILMEN None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the 15th day of December
1964
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 15th day
of .December 19 64
DENE M. WILLIAMS
CITY CLERK OF THE CITY IF NAHEIM
By /7?.
-3-Deputy City Clerk