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1975-516RESOLUTION NO. 75R-516 Onk. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF TUSTIN AVENUE, SIO LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 7145—Be 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 13th and 20th days of March -'r 19 , a notice inviting sea e th proposals or furnishing e 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 improvement of Tustin Avenue, from La Palma Avenue to 100' s/o La palma Avenue, in the City of Anaheim, consisting of excavation; construction of asphalt con- crete over aggregiate base; construction of variable thickness A.C.; installation of traf. f1c loops and sig- nals; and all appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting sealed proposals; which said Rotice 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 AT) r. i 1 0 1975 and which said notice WHEREAS, on ARril 1 19, at the hour e Ci ,Allw of P:pp o'clock P.M., the City Clerk and t ty Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, servi- ces, materials and equipment, and all utilities and transporta- tion, 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 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 day of Apri _, ?. �, at the hour of �,.3,n o' c oc P.M. consider the seal edro osals submitted for furnishin the P P 4 materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by _ COMPANY P.O. Box 432 O an_ge, California 2 r or tFe- construction, nstallation and completion of sai Tmnroyement of S LA Palma Avenue. in the Cit hereinabove ment oned and described, was the lowest responsible proposal submitted there- for, and thereupon accepted said bid and did award a contract to said contractor for furnishing 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 man- ner, 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 said contractor, which said contract was duly made and entered into on the 11th day of ' Am= , 19 _; and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction 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 Eliblie-kInrke and the contract made and entered into with said contractor by the City of Anaheim; and WHEREAS, the has duly certified to t e construction and completion o aid nublic imnrovpment hereinabove mentioned and described. in WHEREAS, the City Council finds that said Contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract 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 r 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 per- formance 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 provi- sions of the contract documents, and that the balance due said contractor for said work be paid to said contractor thirty-five (3 5 ) days from and after final acceptance of -said work as evi- dence by the adoption of this resolution, but.not sooner than thirty (30) days after the date of the filing of notice of com- pletion, 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 accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offi- cers, agents and employees from all claims and liabilities 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 employees, excepting only claims against the City for amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor 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. THE FOREGOING RESOLUTION is approved and signed by me this �30th day of Saptamhpr . 197!5 . ATTEST: ITy LERK OF THE ITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R-615 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 30th day of September, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL KMERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-516 on the 30th day of September, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of September, 1975. CITY CLERK OF THE CItY OF ANAHEIM (SEAL) I. ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R-516 duly passed and adopted by the Anaheim City Council on September 30, 1975. CITY CLERK OF THE CI4Y OF ANAHEIM