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70R-496 RESOLUTION NO. 70R-496 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 W~TER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: DRILLING OF FIVE TEST HOLES APPROXIMATELY THREE- INCH IN DI~TER AND CONDUCTING FIELD PERMEABILITY TESTS AND CONSTRUCTION OF ONE SIX-INCH DIAMETER OBSERVATION WELL AT OLIVE HILLS RESERVOIR, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1989. 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 re 2nd and 9th days of July , 19 7 , a notice inviting sealed proposals for furnishing the following: 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: Furnishing of all labor, materials, tools and equipment required for: (1) Drilling of five test holes and the conducting of field permeability tests; (2) Construction of one six-inch diameter or larger observation well; and (3) Possibly the taking of undistrubed soil samples in the embankment of the dam when the test holes are being drilled. After the five test holes have been drilled, it may be found necessary to drill two additional test holes, or drill deeper the five test holes, and appurtenant work as more particularly set forth in the plans and specifi- cations on file in the Office of the City Clerk or City Engineer, Work Order No. 1989. in accordance with the designs, plans, profiles and specifica- tions prepared by tp~ Department of Public Works 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 23rd day of _ .. Jul,y , 19 70 , 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 , -1- WHEREAS, on __ Ju~ 23rd ,19 _~, at the hour of 2:QQ o'clock P.M., the City Clerk and the C1ty Engineer of the Crty 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, including power, fuel and water, and performing all work neces- sary to construct and complete, in a good and workmanlike manner, in strict accordanoe 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 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 28th day of JUfY--===;-l92.Q.._, at the hour of 1: 30 0' 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 HELTON ENTERPRISES~382 Cherry- Avenue( Long Beach! Ca!ifornia 208~__ ~__ _~ ___ ror-the construct1dn, 1nstaIIat1on and compIet1on or-5a1c five test OQleQ( ~t~~~~ Qliye Hills Reservoir~ Anaheim~ Wgrk Order _____ No 1989~ hereinabove mentioned ~descr1bed;-was-r~owest responsiEIe proposal submitted therefor, and thereupon accepted said bid and did award a contract to said __HELI~ ~W~~B~BIS~~ . . for furn1sh1ng all plant, labor, serv1ces, mater1aIs ana-equrpment and all utilities and transpor- tation, 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 public 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 HELTON ENTERPRISES which said contrac~waS-dury-made and entered into on the _-1E~_ day of August , 191~_ and WHEREAS, the said HELTON ENTERPRISES has furnishe~ll plant, labor, servICes; materiaIs-ana-eqUfpment and all utilities and trans- portation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifica~lons, 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 Desartment , and the contract maae an enterea-Tnto with_it ___ by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the-constructron-ana-compIetion of said public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said __B~LTO~_~~TERPRI~E~_______ ____________________________________________________; and -2- --_..~....,......._..._........ - -- WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly 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 Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and com- plete, 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, together with the appurtenances thereto, said public improvement herein- above more particularly described and set forth, in the City of Anaheim, by said cQntractor, 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 con- tractor 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 (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 the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accord- ance 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 em- ployees, excepting only claims against the City for amounts with- held by the City at the time of such payment. AND BE 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 required by law. THE FOREGOING RESOLUTION is approved and signed by me this _l1tn_ day of __~~tQh~____, 192n-_. ~;;TH~JT~-- , . ATTEST: ~ : X.M' . CJ Y CLERK OF ~ANAHEJM -3- ~._--"""""""'''_.~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~. I, DENE M. ~ILLIAMS, City Clerk of the City of Anaheim, do hereby certify that t~e foregoing Resolution No. 70R-496 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 13th day of October, 1970, by the following vote of the members thereof: AYES: COUNQILMEN: Clark, Stephenson, Pebley, Thorn and Dutton NOES: COUNQILMEN: None ABSENT: COUNCILMEN: None AND I FURTHaR CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-496 on the 13th day of October, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of October, 1970. ~ 7K.~~ ITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-496 duly passed aod adopted by the Anaheim City Council on October 13, 1970. ~'Jtt., li~-&~ City Clerk -.