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1962-0310RESOLUTION NO. 62R -310 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 STQ$M DRAIN RFINFMECED CONCRETE BOX CULVERT, AT MAGNOL TA AVENUE GREENLEAF STREET. IN THE CITY OF ANAHF TM, •n_T FCT NO. 106. -1- 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 7 and 1)1 9 19 61 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: The construction of a storm drain reinforced concrete box culvert (81 x 31 x 100 under Magnolia Avenue at Greenleaf Street, in the City of Anaheim, including excavation, removal and haulaway, construction of reinforced concrete inlet and outlet structures, resurfacing with 3 -inch A.C. pavement over 6 inches of aggregate base, 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, Project No. 106. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department 9 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 22nd day of November 9 19 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 November 22 9 1961 9 at the hour of 2 :00 o'clock P. M., the City Clerk and 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, 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 parti- cularly described and set forth, in public, in Gity 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 !ts xlevotx regular meeting and WHEREAS, the City Council of the City of Anaheim did, at its xc regular meeting, held on the 19th day of December 9 19 61 9 at the hour of 3:00 o P. M., consider the sealed proposals submitted for fur- 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 K.E.C. COMPANY, 22018 South Norwalk, Artesia, California for the construction, installation and completion of said storm drain reinforced concrete box culvert, Project No. 106, hereinabove mentioned and described, was the lowest. proposal submitted therefor, and thereupon accepted said bid and did award a contract to said K.E.C. COMPANY WHEREAS, the said K.E.C. COMPANY for furnishing all plant, labor, services, materials and equip- 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. KE.C. COMPANY which said contract was duly made and entered into on the st day of December 9 19 61 any 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 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 detailed designs, plans, drawings, and spe,i.i,cations prepared by the Public Works Department 9 and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Public ha 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 K.E.C. COMPANY -2- and 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 material and equipment and all utilities and transportation and the per= formarce 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 sa work as evident =:d 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 -;aid 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 27th day of March 19.0 ATTEST: (SEAL) c CITE CLER OF T CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM 1 E M WILLIAMS of Anaheim do hereby certify that introduced and adopted at a vided by law of the City Count o 27th day of March -3- 9 City Clerk of the City the foregoing resolution was regular meeting pro the of Anaheim held on the 1962 9 by the following vote: AYES: COUNCILMEN; Chandler, Coons and Fry. NOES: COUNCILMEN o None. ABSENT: COUNCILMEN Thompson and Schutte. AND I FURTHER CERTIFY that the Magill? the City of Anaheim approved and signed said resolution on the 27th day of March 9 1962 0 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of March 1962 0 III CLERK OF THE CITY OF ANAHET1