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1962-1002RESOLUTION NO. 62R 1002 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: THE IMPROVEMENT OF BALL ROAD FROM BEACH BOULEVARD TO KNOTT AVENUE, IN THE CITY OF ANAHEIM, JOB NO. 4603. ,W.. 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 3rd and loth days of April 9 126 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 Improvement of Bali Road, from Beach Boulevard to Knott Avenue, in the City of Anaheim, consisting of excavation, haulaway and disposal; con- struction of 3 -inch and variable thickness A. C. pavement, including paint binder and prime coat; construction of 6 inches of aggregate base; Portland Cement Concrete curb and gutter, Portland Cement Concrete local depression; modification of driveways; installation of 8 -inch cor- rugated metal pipe; adjustment of existing manholes and water valves to grade; installation of traffic detector pad, 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. 4803; in accordance with the designs, plans, profiles and specifica- tions prepared by _the Public Works Department Y 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 19th day of April 1 962 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 Apr it 199 1962 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 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 meetingf and WHEREAS, the City Council of tine City of Anaheim did, at its next regular meeting, held on the 24th day of April 1962 at the hour of 3:00 olclock Po Mo, 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 CHARLES E. HURLEY dba C. E. HURLEY CONTRACTING CO. for the construction, installation and completion of said Ralf Road im rovemen in the Cit ef Anah im 8 hereinabove mentioned and described, was the 1-west responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said CHARLES E. HURLEY, dba C. E. HURLEY CONTRACTING CO. 11541 Westmievarnrden Grove, California 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 CHARLES E. HURLEY, dba C. E. HURLEY CONTRACTING CO. which said contract was duly made and entered into on the26th day of April 1962 anc WHEREAS, the said CHARLES E. HURLEY. dba C. E. HURLEY CONTRACTING CO.. 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 speollications prepared by Public Works Department 9 and the contract made and entered into with it by the City of Anaheim; and WHEREAS, theDirectol1011111js_ALgall___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 CHARLES E. HURLEY. dhlL, F. HITRI FY CONTRACTING OD 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 BE IT RESOLVED by the City Council of the City of Anaheim that all plant labor aervices 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 Anahelm 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 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 13th day of November •2 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE as, CITY OF ANAHEIM 1 DENE M. WILLIAMS 9 City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a MO OM regular meeting pro- vided by law of the City Council of the City of Anaheim, held on the 13th day of November 9 19 62 by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN a None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of Nouc 9 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of November 19 62 (SEAL) 74, CI CLERK OF THE CITY OF ANAHEIM _3_ 0 YOR OF THE CI