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1965-649A 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 PORTIONS OF BALL ROAD ND EAST STREET IN THE CITY OF RESOLUTION NO. 65R -649 JOB NO. 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 November 26 and December 3 19 64 a notice inviting sea a propose s or furniiang the fo owing: 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 con- struction of a storm drain in Ball Road, from approximately 165 feet east of the Southern Pacific Railroad to East Street, and in East Street from Ball Road to Turin Avenue, in the City of Anaheim, consisting of the construction of 48, 36, 30, 27, 24, 21 and 18 -inch Reinforced Concrete Pipe; 36 -inch steel pipe; 8 -inch V.C.P.;junction structures, catch basins, man- holes, Portland Cement Concrete collars, curb and gutter and tight sheeting; construction of A.C. pavement over aggregate base, relocation of traffic control facilities, backfill and flooding, 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. 5014. 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 December 19 64 which said notice did state and declare Ehat., 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 10 19 64 at the hour of 2:00 o'clock P.M.7= City Clerk and the City Engineer of -1- the City of Anaheim did on 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 re- port to the City Council at its next regular meeting; and WHEREAS the City Ccuncil of the City of Anaheim did, at its next regular meeting, held on the 15th day of December 9 6+- at the hour of 1:30 o'clock P.M., con si er t. e sea led iSropysals submitted fOi tuFEIshing 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 R. J. THOMAS CONTRACTOR 5460 E. Centur Boulevard, Lynwood, Ca 1 ornia or t e construction, installation and completion a sa storm drainin Ball Road. in the Cit of Anaheim,_Job No. 501 hereinabove mentioned ard described[, Avas the owest responile pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to G•t.d R. J. THOMAS CONTRACTOR l:e urnishing a p ant, a.or, ser- vices, materxa s a;nd 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 accordan ^.e :pith the specifications, plans and drawings, the said public improvement as specified in said notice inviting sealed proposals, and did authcrize 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 R. J. THOMAS, AAT inh said contract was duly made and entered into on t h e 1 th da'y of December 19 64 and WHEREAS, the said R. J. THOMAS CONTRACTOR has ..urnis ed a plant, la or, 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 specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Public Works De.artment and the contract made an3 entere• into it him .y t e ity o Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and comp.et:ion o sal pu• lc improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said. R. J. THOMAS, CONTRACTOR and -2- WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly 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 Dy the City Cc:nci1 of the City of Anaheim that all plant, labor, servic,, t ,rra1 and equipment and all utilities and transportation, and the per fon ance of all work necessary to construct irkstal1 and c or:ple in a good and workmanlike mangier, in strict accordance with the specifications, plans and drawings therefor or file in the Offi of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement hercinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby acce subject, nevertheless, to all the germs, conditions and provisions of the contract documents, and that the balance due said contractor said work be paid to him thirty -five (x_35 days from and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty (a0 days after the date of the filing sf notice of completion, excepting only s_.,tch 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 Bach payment. AND BE IT FURTHER RESOLVED that the Mayor and. the City Clerl of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as reuir;d by law. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of August 65 ATTEST DENE M. WILLIAMS, CITY CLERK BY /mil STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) AYES NOES ABSENT MAYOR OF THE CI Deputy CITY CLERK OF THE CITY OF ANAHEIM 1., DENE M. WILLIAMS Anaheim, do hereby ce:rti y t duced and adopted at a day of August law of the City Council of the City 19 65 COUNCILMENo COUNCILMEN COUNCILMEN -3- /Y1,__/ 0 AfR! i,DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAiH+Ei�A, DO HEREBY CERTIFY THAT THE FOREGJING IS THE ORIGIN- AL OF RESOLUTION NO.# V'9 DULY PASSED AND r ADOP�tD BY THE ANAHEIM CITY COUNCIL ON ;1 /lc a Dutton, Pebley, Schutte and Krein None Chandler CITY CLERK City Clerk of the City of at the f regoing resolution was intro regular meeting provided by o Anaheim, held on the 2401 AND I FURIIER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 24th day of August 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th of August 1965 DENE M. WILL MS, CITY CLERK 624L24- ,-d, C TY CLERK OF THE CITY OF ANAH IM day