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1965-492A 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 HARBOR BOULEVARD AND MANCHES ER AVENUE N E OF ANAHEIM,, JOB NO. 5016 -B. 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 llth and 18th days of March 1965 a notice inviting sealed proposals for furnishing the foflowing: 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 con- struction of a storm drain in Harbor Boulevard from approximately 360 feet north of Manchester Avenue to approximately 112 feet south of Manchester Avenue, and in Manchester Avenue from approximately 700 feet east of Harbor Boulevard to approximately 20 feet east of Harbor Boulevard, consisting of the construction of 48, 36, 18 and 12 -inch R.C.P.; junction structures; catch basins, manholes; Portland Cement Concrete col- lars; tight sheeting; A.C. resurfacing; Portland Cement Concrete inlet structures; 2 inches of temporary as- phaltic concrete; including backfill and flooding, 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. 5016 -B. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De.artment and the notice inviting seale proposa s, w is sai• notice specified that sealed proposals as specified in said notice would be received up until 2 :00 o'clock P.M. of the 25th day of March 19 65 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 March 25 1965 at the hour of 2 :00 o'clock P.M., the City Clerk and the City Engineer of RESOLUTION NO. 65R 492 -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 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 re- port to the City Council at its net regular meeting; and WHEREAS, the Citv Council of the City of Anaheim did, at its next regular meeting, held on the 30th day of March 19 67 at the hour of 1:30 o'clock P.M., con- TiTe propoaala submitteo f6F the materials and performing the work hereinabove mcre particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by ROBERT E HICKEY 115 Via Koron Newport Beach, California or t e construction, insta1Tion and completion of said storm drains in Harbor Boulevard and in Manchester Avenue, Job No. 501613 hereinabove mentioned ard etTETTETF, was the lowest responTIEle pro- posal submitted therefor, and thereupon accepted said bid and did award a contract tc .sakd ROBERT E. HICKEY for farnishing al p. ant, a or, ser- vices, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complee, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings, the said public improvemewl as specified in said notice inviting sealed proposals, and did authcrize the Mayor and the City Clerk of the City of Anaheim to execate a contract for and on behalf of the City of Anaheim with ROBERT E. HICKEY which said con—fact was duly rra de I vd entered into on the 9th day of _April WHEREAS, the said ROBERT E. HICKEY has furnished all plant, labor, ser- vices, materia s and eeluipment 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 and drawings of said public improvement as specified in tha notice inviting sealed proposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Public Works Deportment and the contract made a Fia entered into with him v t e i ty o Anaheim; and WHEREAS, the Public Works Director has duly certified to the aorstruction andE3TITITE.1777T=TRTITE improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said and 2 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 accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED ny the City Coencil of the City of Anaheim that all plant, labor, servite, materiae and equipment and all utilities and transportation, and the per formance of all work necessary to construct, install and complece, 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, said contractor, be, and the same are hereby accepted, subject, nevertheless, to all the terms, conditions ard provisions of the contract documents, and that the balance due said contrctor for said work be paid to _him 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 00) days after the date of the filing of notice of completion, excepting only sJ,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 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 arything 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 eucb payment AND BE I7 FURTHER RESOLVED that the ,ayor and the City Clerl of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as Ie4edrei by law. THE FOREGOING RESOLUTION is approved and sigr,ed by ma this 29th day of June 1961 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) -3- MAYOR OF THE CI OF AilEIM 1, DENE M. W!LLIAMS, CITY CLERK OF THE CITY OF Xal".1, DO HERLBY CErtTIFY THAT THE FOi-,EG- INC IS THE UN- AL OF REEOLUTION CLERK OF THE CITY OF ANAHEIM ADOR U BY THE ANAHEIM k.:ITY COUNCIL ON CITY CLERK I, DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify t aEER resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the nth_ day of June AYES COUNCILMEN Dutton, Pebley, Schutte, Chandler and Kre in NOES COUNCILMEN None ABSENT COUNCILMEN None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 29th day of June 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of June 19 65 AO I Y CLERK OF THE CITY OF ANAHEIM