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64-907A 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 IMPROVEMENT, TO WIT: THE CONSTRUCTION OF A STORM DRAIN IN CERRITOS AVE- NUE, FROM APPROXIMATELY 1158.71 FEET LAST OF ANAHEIM BOULEVARD TO APPROXIMATELY 1049 FEET, EAST OF ANAHEIM BOULEVA.RD,_ IIN THE CITY OF ANAHEIM JOB NO. 897. RESOLUTION NO, 64R -907 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 August 27 and September 3 1964 a notice inviting sealed proposa s or 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 construction of a 42 -inch Reinforced Concrete Pipe storm drain in Cerritos Avenue, from approximately 1158.71 feet east of Anaheim Boulevard to approximately 1049 feet east of Anaheim Boulevard, in the City of Anaheim, including the construction of a Catch Basin, Portland Cement Concrete collar; removal and disposal of existing outlet structure, corrugated metal pipe and Portland Cement Concrete collar; resurfacing with 2 inches temporary asphaltic concrete, trenching, backfill, flooding, earthwork 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. 897. 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 P.M. of the 10th day of September 19 64 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 ascer- tained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on September 10 19 64 at the hour of 2 :00 o'clock P.M., the City Clerks the 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, 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 did 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 15th day of September 19 64 at the hour of 1:30 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 M. L. GARTEN, 2430 Grivey, Anaheim, California, for the construction, installation and completion of said storm drain in Cerritos Avenue, in the City of Anaheim, Job No. 897, hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said M. L. GARTEN for furnishing all plant, 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 M. L. GARTEN which said contract was duly made and entered into on the 17t1 day of September 19 64 and WHEREAS, the said M. L. GARTEN 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 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 Depar and the contract made and entered into with hire by the City of Anaheim; and WHEREAS, 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 M. L. GARTEN 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. -2- NOW 1HEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, service', naterials and equipment and all utilities and transportation, and the per formance of all work necessary to construct, iestall and conpleLe, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor o file in the Office of the City Clerk of the City of Anaheim, together with the appurt nances 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 him thirty-five (35' days from and after final acceptance of said work as evidenced by the adoptio, of this resolution, but not sooner than thirty Y30) days after the date of the filing of notice of completion, excepting only .se;ch 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 sai1 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 -)z 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 kayor and the City Cleri of the City of Anaheim be and they are hereby authroriaed to execute and file a notice of completion of said work as ired by law. THE FOREGOING RESOLUTION is approved and signed by me this 15th day of December 19 64 ATTEST DENE M. WILLIAMS, CITY CLERK By C6r4..frso., ■z=.,a.4-/.."' Deputy CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM SEAL AYES NOES, ABSENT 19 64 MA\ 1. DENE M. WILLIAMS Anaheim, do hTi'537 duced and adopted at a law of the City Council of the City day of December HE AH=1 City Clerk of the City of f oregoing resolution. was intro- regular meeting provided by of Anaheim, held on the COUNCILMEN Pebley, Dutton, Schutte, Krein and Chandler COUNCILYTN None COUNCILMEN None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 15th day of December 1964 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of .December 19 64 DENE M. WILLIAMS CITY CLERK OF THE CITY IF NAHEIM By /7?. -3-Deputy City Clerk