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64-295RESOLUTION NO~ 64R-295 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 IM- PROVEMENT~ TO WIT~ CONST.R. UCTION. OF ASTORM DRAIN IN DALE AVENUE FROM LINCOLN AVENUE TO YALE AVENUE ~ ~ND "IN ~f~LE 'AVENUE FROMDALE AVENUE T0""COL- GATE AVENUE, IN THE___C~Y OF ANAHEIM; JOB NO. _8__38. 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 _j~ 23rd and 30th days of January ..., 19 64 , a notice inviting s~al~d pro~0s~ls f~r fur'nishing the. following: Ail 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 Dale Avenue from Lincoln Avenue to Yale Avenue, and in Yale Avenue from Dale Avenue to Colgate Avenue, in the City of Anaheim, consisting of construction of 39-inch reinforced concrete pipe, 32 x 49-inch elliptical re- inforced concrete xPipe, 27 x 42-inch elliptical reinforced concrete pipe, 2' 6* reinforced concrete box, junction structures, catch basins and conuector pipes, including ex- cavation, backfill and flooding; construction of 3" and 4" A.C. pavement, 6-inch Portland Cement Concrete driveway, Port- land Cement Concrete sidewalk, Standard Type "A" curb and gutter, excavation and haulaway, 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 NOo 838. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Director ........ , and the notice inviting ~ealed proposals, which ~i'd notice specified that sealed proposals as specified in said notice would be received up until 2:00 o"clock Po M. of the 6th day of February , i9-~'., 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 ascertained the prevailing rate of wages for each type of labor needed to exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and 2:00 WHEREAS, on Febru_ary 6th , 1964_J___, at the hour of o~clock Po Mo, 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 p~oposals and ~.id 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 llth day of February , 1964 , at the hour of 1:30 or'lock 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 STROMBERG. !NC. P~ 299. Santa Ana. California ' four the C°nstruc~ion, installation and completion of said storm drain .~in Dale_ Avenue; in the City of Anaheim.~J~ob No. 83~__~8 hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said STROMBERG. INQ_~____ for fui~nishing 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 STROMBER'~, ~INC .____ which said contract was duly ma~-~ and entered into on the 14th~ day of February~ _, 19 64 ; and WHEPgAS, the said S__TR~ . 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 wor!-~nanlike 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, p!ans~ drawings, and specifications prepared by .t~e..Publi~_ Works Department , and the contract made and entered into with it by the City of Anaheim~ and P.,rHEPd~AS, the Director of Public Works has duly certified to the construction and com~%etion 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. R~RG;_INC.. ; · an~ 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. NOW~ .~'HEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services',, ~at~rials and equipment and all utilities and transportation~ and the per fo~ance of all work necessary to construct~ install~ and complet:~ in a good and wor~anlike manner, in strict accordance with specifications, plans and drawings therefor on file in the_ Offi. ce of the City Clerk of the City of Anaheim~ together with the appurtenances tbereto~ said public improvement bereinabove more particularly described and set forth, in the City .of A~nabeim~% by said contractor, be, and the same are hereby accepted, subj~ct~ nevertheless, to all the terms, conditions and 'provisions of the con~ract documents, and that the balance due said contractor for said work be paid to it thirty.~five ('~5) days from and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty ~30) days after the date of. the filing of notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with t'he provisions of ~aid contract and contract documents. That acceptance by the con~. tractor of said pa~nents made in accordance with, sai~ final estimate shall operate and shall be a release to the City of Ar~aheim~ its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or witbbeld 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 pay~ent~ AND iBE IT FURTHER RESOLVED that the '.Mayor' and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as r~zquir~d by law. THE FOREGOING RESOLUTION is approved and signed by m~; this day of Apr_il ATTEST° DENE M. ~ILLIA~S CIYY CLERK CIT'? CLERK OF THE CITY OF ANAHEIM STATE OF CALIFOP, N. IA ) COUNTY OF ORANGE ) ss. CI, TY OF ANAHEIM I, DENE~M W_ILLIAMS City Clerk of the City of Anaheim, do he're~ certif~-t-~-the ...... ' _ foregoing resolution was intro duced and adopted at a -- regular meeting provided by law of the City Council of the City of Aa~aheim,~ held on the 28th day of_ April · .~ 1964 . AYES° COUNCILMEN~ Pebley, Dui%on, Schutte, Krein and Chandler NOES COUNC ILMEN~-~ None ABSENT °o COUNCILMEN° None AND I FURTHER CERTIFY that the Mayor of the City of A~aheim approved and signed said resolution on the 28th day of A ri~l, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of A~aheim this 28th of __~~__, 19 64 · day (SEAL) DENE M. ~ILLIAMS CITY CLERK OF THE CITY OF Deputy City Clerk