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69R-425 RESOLUTION NO. 425 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 IMPROVE~ffiNT, TO WIT: CONSTRUCTION OR APPLICATION OF SLURRY SEAL UPON VARIOUS CITY STREETS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 421-241. ~iHEREAS, 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 19th and 26th days of SeFtember , 1968 ,a notice invit1ng sealed proposals for urnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel ana water, and performing all work necessary to construct and complete in a good and workmanlike man- ner, in strict accordance with the specifications, plans and drawings tnerefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Construction or application of slurry seal, complete in place, upon various City Streets in the City of Anaheim, as more particularly designated in the specifications and special provisions, and appurtenant work, in strict conformity with the plans, specifications and special provisions on file in the Office of the City Clerk or City Engineer, Account No. 421-241. in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public Works 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 3rd day of October , 1968 ,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 -1- WHEIlliAS, on October 3 ,19 68 , at the hour of 2:00 o'clock PoM., the City Cl~and the 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 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 8th day of October , 19 68 , at the hour of 1:30 o'clock P.MQ, 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 MISSION SLURRY SEAL CO., P.__~~__ Box 20542, San Dieqo,~alifornia 92120 for the construction, installation and completion of said ________ application of slurr~_seal hereinabove mentioned proposal submitted and did award a contract and described, was the lowest responsible therefor, and thereupon accepted said bid to said Mission Slurry Seal Co. for furnishing all plant, labor, services, materials and equipment and all utilities and transpor- tation, 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 Mission Slurry Seal Co. which saia-- 11th day of contract was duly ~ade and eritered into on the October , 19~_; and WHEREAS, the said Mission Slurry Seal Co. has furnished all plant, labor, services, materials and equipment and all utilities and trans- portation, 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 the notice inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by the Public Works Department , and the contract made and entered into with 2..!:___ by the City of Anaheim; and WHEREAS, th~ Director of Public Works has duly certified to the construction and completion of said public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said Mission Slurry Seal Co. ; and -2- ~-_..'_''''-_."....,..-..,.",,~_.~--,",",-~~., WHEREAS, the C~ty Council finds that said contractor has completed said public improvement hereinabove more particu- larly 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 ~n accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and com- plete, 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 herein- above 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 con- tractor for said work be paid to it 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 (30) days after the date of the fi11ng 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 contractor of said payments made in accord- ance 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 llabilities 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 em- ployees, excepting only claims against the City for amounts with- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Nayor 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. thlS THE FOREGOING RESOLUTION is approved and signed by me 15th day of July , 19~. i., ~ J~~z / -MA: OR 0 THE CrT OF ANAHEIM ATTEST: f ~ ]v "-0 >-- , -' . /v:~ L~-?e-?~' CI Y CLERK OF THE CITY OF ANAI:IEIM -3- STATE OF CALIFORNIA. ) OOUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-425 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 15th day of JUly, 1969, by the fOllowing vote of the members thereofa AYES a OOUNCILMEN : Dutton, Krein, SChutte, Pebley and Clark NOES: mUNCILMEN : None ABSENT: mUNCILMEN : None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-425 on the 15th day of July, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of July, 1969. ~ ~k2~ CI 'CLERK OF THE CITY OF JIIIAHEIM ( SEAL ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R-425 duly passed and adopted by the Anaheim City Council on July 15, 1969. .&?<-<- ~(k'~~ Ci ty Clerk -......~,--~_.~.~-~~,.......-_...... ...._--..,_."'-