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64-234RESOLUTION NO. 64R-234 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT~ TO WIT: THE iNPROVEMENT OF I'IAGNOLIA AVENUE, F?,.OM LINCOLN AVEN~J~ TO THE SOUTH-~I[~Y'" LiMiT£ APP,,O~SiTELY ~_55 FE.~.T NORTH OF THE z!N:: OF C:~R.:xITO~ AVENUE, TN ~ CITY OF ANAHEIN, JOB NO. 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~-~h:~ 6th anJ ].3th dal:s of June , 19 63 , a notice inviting sealed '"proposals '~'or' furnishing the following: -- ~ ..... '" '- ~ and al! ~ ~ o'?~-,-: ? os ,...:a ,_.o.v ~ a I s and ~:t'~ ~ti~s and transpo:rta~ion :[.nc~ ~. ' ........ "- ,, .a.,d~..ng power ~el and wale?: "> ' - ' ' ~ ....... .... v:::;"2, ce o[ ?'-:",.~ ,~-i-::y :.ns:;ne~ o ::.:,~ C]..e:?:1: ,~-z the ~oo7'70x:~t~:tg'~..~ ~. 5:F -~ L ','1o7;'[:~.~ 027 ~l.[,~.~ c~n~-~~' c~._3c:~ilaneous ::: ,e mo va i : haulawa7 and disposal; construction of _:., 2, 3 and 4-inch~ and va~::~a'b_ie th. icl:ness~ A.C. pavement; ,~po'/ica'tion of 9a~:nt bS' ' " ' '' .... ~tae:c and pz'z_me coat'aajustment of ......... . ~,:~ .... ,_,,~,:~= anc~ ' :a=x_c oad ~_o grade, Lion of ~ra0:.c:_c paus and paddle boards; relocation of fences an2 .... elec;:ric l'";...So.~hs, and a~ourtenant .... work as more oarticulariy set fort~ in ~h .... oians and specifications on ¢i1~ in the uffice of ':-~,~ ......... C:~_.cy C!e~tk. or CSt}z :~ nb~_n,_e~o- ~ '- ~ Job No. 4808. in accordance with the designs, plans, profiles and specifica- tions prepared by ,,, the Public Works _Department , and the notice inviting sealed' proposals, wt{iCh sa~id nOtice specified that sealed proposals as specified in said notice would be received up until ...... 2100 o~clock Po M. of the 20th day of June , 19 63 , 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 of ~, 00 WHEREAS, on 3'une 20 , 19 63 , at the hour 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, m~.~terials and equipment, and al!. utilities and transportation, in- c!uding power, fuel and water, and perforn~ing all work necessary to construct and complete, in a good and worl~nanlike 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 herein, above 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 c~.id 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 25th day of ~une , 19 63 , at the hour of 3'00 '0'-cl0"ck 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 p~..'oposal submitted by coP. p~ PAVIN_G C~. A~z~asi~ Califo.~nia_,~ for the construction, installation an(:~ completion of said ~)rovement of Magnolia Avenue~ :in '-he C~_ty o.f Anah~i.m Job No. hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said' bid and did a~..~ard a contract to said COPP PAVING .... iNC 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 Clez'k of the City of Anaheim to execute a contract for and. on behalf of the City of Anaheim with COPP PAVING CO. which said contract was duly made and entered into on the_ _g6th day of June _, 19 63 ; and WHEREAS, ~he said COPP PAVING ~0., INC.~ has furnished all plant, iabo-r, ser- vices, matez'ials and equipment and all utilities and transportation, and performed a~._ work necessaz'y lot the construction and completion, in a good and wor!~anlike manner, in strict accordance with the speci- fications, plans and drawings of said. public improvement as specified ~ ~e notice invitino- sealed proposals and in the detailed desi~s, plans, dz-awings, and specifications prepared by the Public Works D~'tmmt . , and the contract made and entered into with it by the City of Anaheim; and WtiEP~EAS, the Diz-ector of Public Works has duly certified to the construction and completion of said public improve- ~nent hereinabove mentioned and described, in accordance with the plans and. specifications and the contract documents duly made and entered into with said COPP PAVING CO. INC. ---------_,_ 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. NOW~ 'THE~EFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant~ labor~ services~ materials and equipment a~d all utilities and transportations 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 neverthele~s~ to all the terms~ conditions a~d provisions of the contract docume~ts~ and that the balance due said contractor for said work be paid to £~ thirty~five (35) days from and after final acceptance of said wo~-rk 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 s,,m or sums as may lawfully be withheld i~ accordance with the provisions of said contract and contract documentSo That acceptance by the con~ tractor of said payments made in accordance with said final~es~imate shall operate and shall be a release to the City of Anaheim~ its officers~ agents and employees from all claims a~d liabilities due the contractor for anything done or furnished or withhel~ o~ anything relating to the work or any act or neglect of the 0ity~ officers~ agents and employees~ excepting only claims against the City ~or any amounts withheld by the City at the time of such paymen~o AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the CiSy of Anaheim be~ and they are hereby authorized to execute and file a notice of completion of said work as required by lawo THE FOREGOING RESOLUTION is approved and signed by me this ~-~h day of ~ Ap_ri.~ ...... ,~ ~o ~MAYOR OF T~W. G ITX OF ~A~ ATTE~ ~ ~ / STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSo CITY OF ANAHEIM ) I~ .... D.~!!E~ ~,i, ~,~I~,.IA~! .... ~ City Clerk of the City of Anaheim~ do hereby certify that the foregoing resolution was introduced and adopted at a -- regular meeting pro~ vided by law of the City council of the City of Anaheim~ held on the 7t~h day of ...... April .~.~ ~- ~ 19 64 ~ by the following vote: AYES COUNCILMEN~ Dutton, Chandler, Krein and Coons NOES COUNCILMEN :: None ABSENT: COUNCILMEN: $chutte AND I ~VJRTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the .~ day of ....... ....... .o IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City of Anaheim this _7.~h ..... day of Ao~il ~ 19 64 o (SEA~)