1961-7367RE SOLUTI ON NO, 7367
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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT
AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT,
TO WIT: CONSTRUCTION OF A STORM DRAIN IN WEST
BALL ROAD FROM THE CARBON CREEK CHANN=77
APPROXIMATELY 11 FEET EAST OF MAGNOLIA AVENUU
IN THE CITY OF ANAHEIM, JOB NO. 00
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 9 on May. 9, May 16 and May 23
1961 a notice inviting sealed proposals for furnishing 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 construction of a 69 -inch to
51 -inch reinforced concrete pipe storm drain in West
Ball Road from the Carbon Creek Channel to approximately
113 feet east of Magnolia Avenue, in the City of Anaheim,
including excavation, backfill and flooding, construction
of catch basins, manholes, junction structures, 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. 5001;
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Department
and the notice inviting sealed'proposa1s, 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 1st day
of Jung 19 61 9 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 execute said contract and did set forth the prevailing
hourly wage scale so ascertained; and
WHEREAS, on June 1 9 1961 9 at the hour
2.00 o °clock P.M., the City Clerk and City Engineer of
�lw
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,•
including power, fuel and water, atid 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 parti-
cularly 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 tc. the City Council at its mot
regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the
i th
day of une 19 61 9 at the hour of'_?
oVclock n
cos er e
a saled proposals submitted 'orr ur
nishing 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 J. S. BARRETT.
C P•5 126
construetion9 insta
`n
ation an
II 1
f
ere` nabove mentioned and described, was the owest responsib
proposal submitted therefor and thereupon accepted said bid and
did award a contract to said J BARRETT. INC.
or furnishing al plant, labor, services, ma erials and equ p®
ment 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 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
which said contrast was du y ma•e an enters n o on e 1 th
day of June 9 19 61 and
WHEREAS the said J. S. BARRETT INC.
has furnished all plant labor, services,
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, drawings, of said public improvement as
specified in the notice inviting sealed proposals and in the
detail, designs, plans, profiles, drawings and specifications pre-
pared by ie •._r ment 9 and the
contract ma.e an en ere n o w it y he City of
Anaheim; and
WHEREAS, the Director of Public Works has duly
certified to the construction and completion of said public im-
provement hereinabove mentioned and described, in accordance with
the plans and specifications and the contract documents duly made
and entered into with said J. S. BARRETT. INC.
and
reinforced
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 accord-
ance 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 per-
formance of all work necessary to construct, install 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, together with the
appurtenances thereto, said public improvement hereinabove more
particularly described 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 ork 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 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 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
14th day of November 19 61
ATTEST
STATE OF CALIFORNIA
COUNTY OF ORANGE ss,
CITY OF ANAHEIM
ID IAMS_
of Anaheim, do hereby certi. 'y that
introduced and adopted at a
vided by law of the City Co
14th day of November
(SEAL)
-3-
D City Clerk of the City
the foregoing resolution was
regular meeting pro=
unci o the i y of Anaheim, held on the
19 61 D by the following vote:
AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte.
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 14th day of
November D 19,__6i
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 14th day
of November D
LERK OF THE CF AN HEIl