64-394RESOLUTION NO o 64R-394
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 WI T~ THE SANTA ANA CANYON SEWER
IMPROVEMENT, FROM THE IMPERIAL HIGHWAY TO AP-
fROXIMATELY 7 ~40~ FEET EAST ~ JEFFERSON' sTREET
iN' THE COUNTY OF ORANGE~ JOB NO, 12'73. "
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:
TherAnaheim Bulletin, on the 10th and 17th days of October ,
19 03 , a notice inviting ~ealed proposals for fur'nishing ~he
foll'~Wing:
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 Santa Ana Canyon Sewer
Improvement consisting of the construction of a 15-inch
V.C.P. sewer line in the Santa Ana Canyon from the
Imperial Highway to approximately 7,400 feet east of
Jefferson Street, in the County of Orange, including
excavation, backfill and flooding, construction of
manholes and wyes, and appurtenant work as more particu-
larly set forth in the plans and specifications on file
in the Office of the City Clerk or City Engineer, Job
No. 12 73.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Department ,
and the notice inv{'ting' sealed Pro~oSa%s, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 o~clock Po M. of the 24th day
of October , i~-~--- , and which said notice did state and
declare that, pursuant to----~he 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 October 24, __ , 19 63 at the hour of
o~clock Po Mo ~ the City Clerk and the City Engineer of
T
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 proposals and c!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 29th day of
October , 19-~-63 , at the hour of 3:00 o'Cl0'Ck 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 PAUL N. BAN AND GEORGE B. BAN, dba BAN BROS.,
,~0~,,,W. Palm.Dri_ve__~Arcadia, California, for the construction,
installation and completion of said _santa _~aCanyon S?wer ~Improve-
ment~ Job No. 1273,
hereinabove mentioned and described., was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said PAUL N. BAN AND GEORGE B, BAN, dba .BAN .....
BROS, _ - -~ for ~ur--nisl{ing all~ planet, 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
PAUL N. BAN AND ~EORGE B~;.~B.,~_~ dba BAN BROS.
which sai-d contract was duly made and entered into on the 3ist
day of October , 1963 ; and
WHEPgAS, the said PAUL N, .... BAN ..AND GEORGE B..BAN; d_ba BAN
BR_OS. 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 the Public Works
Department , and the contract, made and entered into
with it by the City of Anaheim~ and
~H{EREAS, the Director of Public Works has duly
certified to the construction and completion 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. _PAUL N BAN AND GEORGE B, BAN,. dba BAN BROS.
; and~'~
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, 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
specific ations,~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 acceptad, 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 ~ 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 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.
3rd
ATTEST
day of _ June ........
THE FOREGOING RESOLUTION is approved and signed by me this
, 1964 . %
MAYO~'""OF THE .CI<TY OF ~J~AHEiM ~-
CI~ CLERK OF THE CITY OF AN~kHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
)
I, DENE M WILLIAMS __ , City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution was intro-
duced and adopted at a ~_ -- regular meeting provided by
law of the City Council of the city 0~ Anaheim, held on the __~
day of .... June , 1964 ..... .
AYES
COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler
NOES
COUNCILMEN ~ None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and si~ned said resolution on the 3rd day of June ..... ,
19 64~. ~- '
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of =he City of Anaheim this
of _ _June,.,,, . ..... , 19 64~.
_ day
_
C tTY CLERK OF THE CITY OF ANAHEIM
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