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63-0408RESOLUTION NO. 63R -408 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, FULL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: HE CONSTRUCTION OF A STORM DRAIN AT THE INTERSECTION OF DALE AVENUE AND BALL ROAD IN THE CITY OF ANAHEIM, JOB NO 742. WHEREAS, the Ci cause to be published in printed, published and ci The Anaheim Bulletin, on 1963 a notice inviti following: ty Council of the City of Anaheim did a newspaper of general circulation, rculated in the City of Anaheim, to wit: December 27, 1962 and January 3 ng sealed proposals for furnishing the 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 36 18" and 15" reinforced concrete pipe storm drain at the intersection of Dale Avenue and Ball Road, in the City of Anaheim, including excavation, backfill and flooding, construction of junction structure, catch basins, A. C. inlet and A. C. paving, and all 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. 742; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department 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 Po M. of the 10th day of January 1963 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 January 10 19 _63 at the hour of 2:00 o'clock P. M., the City Clerk and City Engineer of -1- 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 the City Council Chamber in the City Hall, Anaheim, California, .arld 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 cf tie City of Anaheim did, at its next regular meeting, held on the day of January 19 63 at the hour of ovclock 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 McCLAIN CONSTRUCTION CO. INC. P.O. Box #841 San Bernardi o C lif for the construction, installation and completion of said storm drain at the intersection of Dale Ave. and Ball Rd.. Job No. 742, hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accept e(i said bid and did award a contract to said McCLAIN CONSTRUCTION 0.,INc. 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 McCLAIN CONSTRUCTION CO., INC.. which said contract was duly made and entered into on the 17th day of January 9 1963 anu WHEREAS, the said McCLAIN CONSTRUCTION CO., INC., 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 speoilications prepared by the Public Works Denartment and the contract made and entered into with it by the 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 McCLAIN CONSTRUCTION CO, 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- nce with the contract documents. -2- 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 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 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 Ma 63 STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM I» DENE M. WILLIAMS YOR OF THE 9 City Clerk of the City of Anaheim do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim held on the 14th day of May 9 19 63 by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of May 9 1963 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of May 9 19 63 (SEAL) -3- LERE OF THE CITY OF ANAHEIM