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64-192RESOLUTION NO. 64R-192 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: THE IMPROVEMENT OF BALL ROAD, FROM CLAUD INA PLACE TO SOUTHERN PACIFIC RAIDROAD, I..N ..THE CITY OF ANAHEIM, JOB .NO. 82.4. 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 the 21st and 27th days of November , 19 63 , a notice inviting sealed proposals for furnishing 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 Improvement of Ball Road, from Claudina Place to Southern Pacific Railroad, in the City of Anaheim, consist- ing of excavation, removal and haulaway; removal of Port- land Cement Concrete curb, sidewalk, driveways, irrigation line and standpipe, catch basin and redwood headers; con- struction of 37', 4'' and variable thickness A.C. paving, including paint binder and weed killer, Portland Cement Concrete curb and gutter, sidewalk and driveways; relocation of lawn sprinklers, hose bib and wood bumper; adjustment of existing manholes to grade, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office o£ the City Clerk or City Engineer, Job No. 824. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting seale~' proposals, which sai'~ notice specified that sealed proposals as specified in said notice would be received up until ..... 2;00 o~clock P. M. of the 5th day of December , 19 6_~, and which said notice did state and declare th'at, 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 of ...... 2 -00 WHEREAS, on . December 5th , 19 63 , at the hour o'clock P. M., the City Clerk and City Engineer of -1- 'the City of Anaheim did open sa:i.d sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and al!. utilities and. transportation, in- c!uding 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 d. iq 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 ~ day of December .... , 19ji~__, at the hour of~ .~ o'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 WARREN SOUTHWEST. INC.:_~ O. Box FF. Tor- rance CaliforI~ ' for the con~truction, installation and completion of said impr~.v~ement of Ball,._ Road, Job No. 824,. hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said WARREN SOUTHWEST~, INC. for furnishing all plant, 1-a~Or, 's'er- ..... 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 WARREN SOUTHWEST, INC. ~,~hich said contract was du'ly made and entered into on the ll~h day of December , 19 63 ; and '~.?~HEREAS, the said. WARREN SOUTHWEST. INC. ~ ~r~ al~'~iant~, "-lab6r, ser- vices, matez-ials and equipment and all utilities and transportation, and performed all work necessa~:'y for the construction and completion, in a good and workmanlike 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, plans, drawings, and specifications ]prepared by the Public ·.Works D_~partment , and 'the contract made and entez~-~ into with it by the City of Anaheim; and. ~EP~AS, 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 WARREN SOUTHWEST~ 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~ 'THEREFORE~ BE IT RESOLVED by the City CounCil of the City of Anaheim that all plants labors servicess materials and equipment and all utilities and transportation~ a~d the per= formance of all work necessary to construct~ install and complete~ in a good and workmanlike manne~ 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 theretoo said public improvement hereinabove mere particularly described and set forths in the City of Anaheim~ by said contractoro be~ and the same are hereby accepted~ subJecto nevertheless~ to all the terms~ conditions a~d 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--r~'~rk as evidenced by the adoption of this resolution~ but not sooner than thirty (30) days afte~ 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 documentSo That acceptance by the con~ tractor of said payments made in accordance with said fi~al-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 fumnished or withheld o~ for anything relating to the work or any act or neglect of the Cityo its officers~ agents and employees~ excepting o~ly claims against the City for any amounts withheld by the City at the time of such paymento 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 lawo THE FOREGOING RESOLUTION is approved and signed by me this .... 24th ..... day of ATTEST oo ~CIT~ CLERK O'F ~ CITY 0F" ANAHEII~ ......... ~¥OR OF T~ ClT~ 0~, ANA~I~" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSo CiTY OF ANAHEIM ) I~ DENE..M. WILLIAMS ,. ~ City Clerk of the City of Anaheim~ do'hereby 6-ertify that'-'~he foregoing resolution was introduced and adopted at a -- regular meeting pro~ vialed by law of the City Co~Cil"6f~ 'the' C{ty of Anaheim~ held on the ~24,t,h = day of ~March. -., ~,,~ ~ _, ~ 19 64 ~ by the following vote: AYES COUNCILMEN~ Dutton, Chandler, Kreinand Coons NOES COUNCILMEN r. N~ ne ABSE~tT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 24t~h day of Marq~ ........... ~ 19 6~4 o IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day Of ,-.. March . CITY Cnw. RK OF T~ ¢IT~' OF ANAHEIM (SF_m~) =3-