1965-123RESOLUTION NO. 65R -1
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:
TY OF N&HE M IN
FROM IMPERIAL HIGHWAY TO APPROXIMATELY 7400
FEET EAST OF JEFFERSON STREET IN THE COUNTY
OF ORANGE JOB NO. 1273 -A.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in newspaper of general circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on the 6th and 13th days of
December 19 63 notice inviting sealed proposals for
urnis ing t e fo1Ting:
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: Removal of Trees in the Santa Ana
Canyon, consisting of the removal and disposition of
trees in the 15 -foot permanent easement of the City of
Anaheim from the Imperial Highway to approximately 7400
feet east of Jefferson Street, in the County of Orange,
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. 1273 -A.
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in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works De.artment
and the notice inviting sealed proposa s, w is sal notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 19th day of
December 19 63 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 December 19 19 63 at the hour of
2:00 o'clock P.M.Tai City Clerk and 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 ;ity 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 24th day of
December 1963, 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 BARNEY THOELE, 1916 West Lincoln Avenue,
Anaheim, California for the construction,
installation and completion of said TUR707Ttrees in the Santa
Ana Canyon, in the County of Orange, Job No. 1273-A
hereinabove mentioned and described, was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said BARNEY THOELE
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
BARNEY THOELE
which sairEontract was duly made and entered into on the 26th
day of December 19 63 and
WHEREAS, the said BARNEY THOELE
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
Department and the contract made and entered into
with him by the City of Anaheim; and
WHEREAS, the Director of Public Works has duly
certified to the construction and co improve-
ment hereinabove mentioned and described, in accordance with the
plans and specifications and the contract documents duly made and
entered into with said BARNEY THOELE
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, CHEREFORE, BE IT RESOLVED by the City Connell of
the City of Anaheim that all plant, labor, stArvite,, mat,-,ariaLs
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 o file ir 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, xDttaUtreadcbctz 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 adoption of this
resolution, but not sooner than thirty ,)0) days after the date of
the filing of notice of completion, excepting only sech 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 saic 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 payment
AND BE IT FURTHER RESOLVED that the Mayor and the City Clerl
of the City of Anaheim be, and they are hereby adthorized to execute
and file a notice of completion of said work as ired h 1 w.
THE FOREGOING RESOLUTION is approved and signed by me this
23rd day of __February 19 65
ATTEST
CI .'Y CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
R OF THE C
DENE M. WILLIAMS City Clerk of the City of
Anaheim, do her;IYFFMITTEEaEFFJTOregoing resolution was intro-
duced and adopted at a regular meeting provided by
law of the City Council of the City of Anaheim, held on the 23rd
day of Februay, 1965.
AYES COUNCILMEN Pebley, Dutton, Schutte, Krein and Chandler
NOES COUNCILMEN None
ABSENT COUNCILMEN None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the 23rd day of
19 65
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 23rd day
of February 19__65
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NAY.
CIT CLERK OF THE CITY OF
N
EIJ
NAHETM