1965-120RESOLUTION NO, 65R -120
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
BROOKHURST STREET SEWER IMPROVEMENT I kOM
BALL ROAD TO APPROXIMATELY 218 FEET NORTH OF
BA L ROAD IN THE CITY OF ANAHEIM, JOB N0.
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 18th and 24th days of
September 19 64 notice inviting se led proposals for
Turnishing t ire fo1T Irag:
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 Brook
hurst Street Sewer Improvement, consisting of the construction
of 8 and 6 -inch V.C.P. sewer lines in Brookhurst Street from
Ball Road to approximately 918 feet north of Ball Road, in
the City of Anaheim, including wyes, brick or precast con-
crete manholes, Portland Cement Concrete removal and replace-
ment, curb and gutter removal and replacement, resurfacing,
sheeting, 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. 1302.
-1-
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works De artment
and the notice inviting sealed propose s, w is sai notice
specified that sealed pro osals as specified in said notice would
be received up until 2:O0 o'clock P.M. of the 1st day of
October 19 64 an2 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 October 1 19 64 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, 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 6th day of
October 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 THOMAS CONTRACTING CO. 12381 Buaro Street,
Garden Grove, California, for the construction,
installation and completion of said Brookhurst St. Sewer Improvement,
from Ball Rd. to approx. 918' north of Ball Rd. Job No. 1302,
hereinabove mentioned and described, was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said THOMAS CONTRACTING CO.
for furnishing all plant, abor, 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
THOMAS CONTRACTING CO.
which said contract was duly made and entere• into on the 8th
day of October 19 64 and
WHEREAS, the said THOMAS CONTRACTING CO.
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 it by the City of Anaheim; and
WHEREAS, the Director of Public Works has duly
certified to the construction and comppetion 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 THOMAS CONTRACTING CO.
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.
-2
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, ser vi e= ate vials
and equipment and all utilities and transportation.. and thie per-
formance of all work necessary to construct, i- .stail and complete.
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
appurtenances thereto said public improvement hereinabove more
particularly describes 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 00) days after the date of
the filing of notice of completion, excepting only sich 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 payment
AND BE IT FURTHER RESOLVED that the layor and the City Clerl
of the City of Anaheim be, and they are hereby a to execute
and file a notice of completion of said work as 1 by law.
THE FOREGOING RESOLUTION is approved and signed by me this
23rd day of February 19 65
CI ':'Y CLERK OF THE C OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS City Clerk of the City of
Anaheim, do hereby certify t at the T3regoing 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 y _2,3rd_ 6
day of _February_____,,, 19 65
AYES o COUNCILMEN Pebley, Dutton, Schutte, Krein and Chandler
(SEAL)
NOES COUNC.ILMEN o None
ABSENT o COUNCILMEN None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the 23rd day of _February____,
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
CI CLERK OF THE C1Ty •F ANAHEIM