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1962-1109RESOLUTION NO 62R 1109 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 BALL ROAD, FROM GILBERT STREET TO MAGNOLTA AVENUE IN THE CITY OF ANAHEIM, JOB NO. 70$ 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 9th and 16th da s of Ai,,st- 1 9 Fib a notice inviting sealed proposals for furnishing the ,p 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 an 18 -inch to 51 -inch reinforced concrete pipe storm drain, in Ball Road from Gilbert Street to Magnolia Avenue, in the City of Anaheim, including excavation and backfill, construction of manholes, catch basins, 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. 708, in accordance with the designs, plans, profiles and specifica- tions prepared by ttie Public Works Department and the notice inviting sealed proposals, which said notice 9 specified that sealed proposals as specified in said notice would be received up until 2 :00 o'clock Pa M. of the 23rd day of Av >st 19 62 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 August 23 19 62 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, .and 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 of tLe City of Anaheim at its next regular meeting, held on the 28th day of August ofclock F. M., consider the sealed proposals submitted -2- 9 19 62 at th h 9 e our of3:00 for fur- nlshlng the materlals and performing the work herelnabove more particularly described and set forth, and did thereupon find and COMPANY 9855 East Kale Str et S ut E t C for the construction, installation and completion of said storT drain in B 1 RA A 08 hereinabove mentioned and described, was the lc responsible proposal submitted therefor and thereupon accepter i said bid and did award a contract to said HOWARD SEWER CDMPANY 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 HOWARD SEWER COMPANY which said contract was duly made and entered into on the 29th day of August 9 19 62 an WHEREAS, the said HOWARD SEWER COMPANY 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 speoiiications prepared by th Public Works Department 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 said110VoluaaaaLsamam___ and ■•■■•••■•12.mos d id, 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- 7nce 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 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 THE FOREGOING RESOLUTION is approved and signed by me this 26th day of December •2 ATTEST: DENE M. WILLIAMS CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE as CITY OF ANAHEIM 1 DENE M. WILLIANS of Anaheim, do hereby certify that introduced and adopted at a vided by law of the City Council o 26th day of December ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 26th day of December 9 1 9 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of 1PrPmhpr 9 19 6 (SEAL) NOES: COUNCILMEN:: None I -i DEPUTY CITY CLERK City Clerk of the City the foregoing resolution was regular meeting pro- f the City of Anaheim held on the 9 1962 by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. CITY CLERKOHE OF ANAHEIM BY c�rz >77. -3- DEPUTY CITY CLERK