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1965-6052:00 RESOLUTION NO 65R 605 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: WAY ANA HOTEL WAL IN THE CITY OF ANAHETM JOB N0_ 5016 -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 M 1 9 6 5 a notice inviting sea ed propose. s for C fu'rnishing the following: R U 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 Freedman Way from approximately 174.62 feet east of Harbor Boulevard to Hotel Way, and in Hotel Way from Freedman Way to approximately 210 feet north of the center line of Freedman Way, in the City of Anaheim, consisting of the construction of 42 -inch R.C.P. maximum and 18 -inch R.C.P. minimum, junction structures, manholes, catch basins, Portland Cement Concrete collars, bulkhead, shrub removal, curb and gutter removal, resurfacing with 3 inches of asphaltic concrete over 6 inches of aggregate base, 4 inches of asphaltic concrete over weed killer, including flooding and backfill, 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. 5016 -A. in accordance with the designs, plans, profiles and specifica- tions prepared by ____bhp Public Wo c rlrc ppa Vmt 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 18th day of March 19 65 and which said notice did state and d eclare t at, 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 March 18th 19 65 at the hour of o'clock P.M., tie 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 manter, 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 nevt regular meeting; and WHEREAS the City Ccuacil of the City of Anaheim did, at its next regular meeting, held on the 23rd day of March A 65 at the hour of 1.30 o'clock P.M., con- sider7FirTe171ed proposals submitted for rurnishing the materials and performing the work hereinabcve mcre particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by or t e construction!, insta ation an comp etion o 7= of a storm drain in Freedman Way, „TbNcc01.6 hereinabove mentioned and descried,weMteowest resp=ie pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said. HARMON T MAY SONS for urnis ing a p ant, a or, ser- vices, materiaTs and equipmemt 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 Ath 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 HARMON T MAY SONS w.ich said contract was du y made and entered into TATTET of March 19_65; and WHEREAS, the said HARMON T. MAY 6 SONS has furnished all plant, labor, ser- vices, materia s 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 and entered into777 it y the Gity of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construccOiniTeticin 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 HARMON T. MAY_ SONS 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 by the City Ceeeeil of the City of Anaheim that all plant, labor, aervite,, and equipment and all utilities and transportation anA the formance of all work necessary to construct, iestail and COE;ti, in a good and workmanlike manner, in strict accordance with Ca specifications, plans and drawings therefor cr file ir the of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement hersinabave (eore particularly described and set forth, in the City of An-ael b said contractor, be, and the same are hereby aeceood, sebjeet nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said cantraetar f )r said work be paid to it thirty-five (37;) days from ard attar final acceptance of said work as evidenced by the adoptile of this resolution, but not sooner than thirty JOI day after the date of the filing of notice of completion, excepting only ae;eh sum or earns as may lawfully be withheld in accordance with the provision of said contract and contract documents. That acceptance by the con- tractor of said payments made in accordance with saia 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 arything done or furnished ar withheU or for anything relating to the work or any act or neglect of the ,71.ty, its officers, agents and employees, excepting only claims against the City for any amounts withheld by the City at the time of .=dch payment AND BE IT FURTHER RESOLVED that the 'ayor and the :it Clerl of the City of Anaheim be and they are hereby aathariaed to execotte and file a notice of completion of said work as eealairei by law. THE FOREGOING RESOLUTION is approved and sigee:l by me this 10th day of 19 65 ATTEST CI Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) -3- OR OF THE CI.Y OF 1, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIA, DO HEREBY CERTIFY THAT THE FOREGuING IS THE AL OF OF RESOLUTION NO.‘ SR- 6,tr fi DULY PASSED AND ADOPTED BY THE ANAHEIM CITY COUNCIL ON g CITY CLERK 1 DENE M W„._11 City Clerk of the City of Anaheim, do hereby certify that 077 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 10th__ day of a a llugust, 19 65 AYES COUNCILMEN Dutton, Pebley, Schutte, Chandler and Krein 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 10th day of 19_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of CITY CLERK OF THE CITY 'F ANAHEIM