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64-719RESOLUTION NO o 64R-?19 A 'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES~ rMATERIALS ANq) EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER~ AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWINC* PUBLIC IMPROVEMENT ~ TO WIT o~ CONSTRU____C- TION OF CONCRETE MASONR 4ALLS AT CRESCENT & GILBERT PARKSITE ~_JOB NO .... 7,.89; ._~MATTIE LOU_ MAXWELL PARKSITE JO~__NO. 807; SUNKIST & UNDeR- HILL PARKSITE JOB NO. 804' D P_A_LMA PAR_K, .JO B NO~~~, ANAI~g.IM__ WHEREAS, the City Council of the City of Anaheim did cause to ~be published in a newspaper of general circulation, printed, p~blished and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the llth and 18th days of June 19 64 , a noti~-inviti'hg Sealed propSsais--'for furnishing t-~ 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 concrete masonry block wa!ls~ including footings, cap and rein- forcement, 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, at the following parksites in the City of Anaheim: Crescent & Gilbert Parksite, east of Gilbert Street on Greenacre Avenue, Job No. 789; Mattie Lou Maxwell Parksite, 2613 Orange Avenue, Job No. 807; Sunkist & Underhill Parksite, corner of Sunkist Street and Underhill Avenue, Job No. 804; and La Paima Park, corner of La Pa!ma Avenue and Harbor Boulevard, Job No. 805. in accordance with the designs, plans, profiles and specifica- tions prepared by 'the Public Works Department , and the notice inviti~g sealed ~alS, which 'sa{d 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 June , 19 64 , ~ which said notice di~ state and declare that, p~rsuant 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 June 25 , 19 64 , at the hour of 2'00 _o~'clock P.M.~lerk a~the City Engineer of 'tile City of Anaheim did open said sealed proposals received up to that time for the fu~nishing of all plant, labor, services, m~terials 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 B~aheim, the public improvement hereinsbove 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 30th day of June . , 19 64 , at the hour of 1:30 o'c%oc'k 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 PEBLEY BROS.. 3()~ East Broadwav~ A~aheim: California, ............ ' ~ for th& condtruction, installation and completion of said concrete masonry block walls at said parksites. Job Nos 789 807 804"and~805, ........ hereinabove mentioned and described~ was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said PEBLEY BROS. - - fOr- furn~:s~ing' all pi'an't, ia~b~or, ...... 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 PEBLEY BROS. w..~ch sa~d contract was ~u~y made' and entered into on the_ 1st day of July , 19 64 ; and i,'~THEPgAS, the said PEBLEY BROS. has furnished ~all plant, ~labor, ser- vices, materia%s and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and worl~nanlike 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, dr : ~.' . _ aw~n~s, and specifications prepared by .t. he .Pub%ic wo. rgs D__q~artment _, and the contract made and entez~ed into with .___~ by the City of Anaheim; and $~,R{EREAS, the Director of Public Works has duly certified to the construction and comp'ietion of said public improve- ment hereinabove mentioned and described, in accordance with the -]ans~._ and. specifications and the contract documents duly made and entered into with said _~.PEBLEY_~RO$, ; 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~ ~HEREFORE: BE IT RESOLVED by the City Council of the City ,of Anab~im that all~ plant, !abor~,~ ~,~r¥1~-:,~,~ ~ ~:~ ~'~za~ and equipment and all utilities and transportatio~>, anJ the per f~,ance of all work pecessary t:o c, cnstr~ct,~ ~stail and ~n a good and workmanlike ~ann,ar, in ~strict accordance wi~b specifications, plans and drawi~ngs t, he. ref,or o~ file in the Offic,~ of r, he City Clerk of the City of ~aheim~ tog~t:ber with the. appurtenanc, es thereto said public improvement bere. inab,~~, ~ ~.~e more . cr~iba~ and beim .... by particular'Iv des sat. forth~ ~n the City of A~ ~aid concra~:cor~ be, and the same are hereby acc~.~pted~ nevertheless, to all the te~s~ conditions and provisions of the contract doc:uments~ an~ tkat t/he: balance due said contr:actor f,:)r ~aid work be paid to them tbirty~five (~'~._,~: days from and ~fter final acceptance of' sa~d work as evidenced by t. be adoptio~ of this re,so!ut~on~ but not sooner thap thirty ~:50~ day~ after the date of c. he filing of nocice of completion~ ekcept:ing only s:~ch sum or sums a~s may lawfully be withheld in accordance with the provisions of ~ai~ contract a~d contract ~ocu~ent,~. ~bat acceptance by the con~ tractor .of s.~id pa>xnen'cs ~ade in accordance with said final estimate shall operate and shall be a release to the City of Ar~aheim~ its officers~ agents and employees from all claims and liabilities due the contractor for a~,~thing done or fu~ished 'or witbhel,R or fo~ anything relating to ~he work or any act or neglect of the City~ its officers~ agemt:~ and employees~ excepting only claims against the City for any a~ouncs withheld by the City at t:be time of ,such payment. &~iD BE IT FURTHER RESOLVED that: [he Mayor' and the City Cl~rk of the City of Anaheim be:,., and they are her',e~by authorized to execute and file a .otice of completion of' said work a~ raquir,~ by law~ THE FOREGOING RESOLUTION is, approved and sig~,~.d by ma. this day of October AIIEST" . ,, CI~'Y' CLERK OF * E STATE OF CAI, IFOR~,IA' ' ' ' 'M ~', COUNTY OF ORA~&:ENTM CITY OF ANA,~EIM ~' I DENE M. WILLIAMS ,~ ._ ~ ~ City Clerk of the City o,f Anaheim~ do h~gb~-~. [i--~-~~he~regoi~hg resolution was intro- duced and adopted at a -- regular meeti'~ pro¥ided by law of the City Council of the City of Anab~im~ bold on the day of ,= October ..... :~, 19 64 . AYE $ :, COU, NC'I'LMEN'" Dutton, $chutte, Krein and Chandler NOES COUNC,LF~N~ None ABSEbiT~ COUNCILMEN ~> None ABSTAINED: COUNC ILNtEN: Pebley A~ND I FURTHER CERTIFY that: the Mayor of th~ City of Anaheim approved and signed said resolution on the ~ day of ~0_C_~o~ber 1~.~ 164 . - - IN WI%NESS WHEREOF~ I hav~ haraur:to s~t my hand and affixed the official seal of ~.he City of Anaheim this 6th of October ~, 19 64 ~ ~ay (SEAL}