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59R-5153 ..- RESOLUTION NO. 5153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AlAHEIM FINALLY ACCEPTING THE OOMPLETION AID THE FURNISHING OF ALL PLANT. LABOR, SERVICES, HA- TERIALS AND EQUIPMENT .AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER. FUEL AND WATER, AND PERFORMING ALL WORK NEOESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIO IMPROVEMENT, TO WIT: II'S'I'&T.T..l'l'I OJ' lLOODLIGH'l' J'A DCDATIO]f roRPOSIS JOIl. TIm SOl ALL DUMOI'D ON T.D III LOU MaULL SCHOO!. GR AT MAGl10LIA AJID OIUBGIl S, IM, C.ALIlORBIA, JOB :10. 433 WHEREAS, the City Council of the City of Anaheim did oause to be published in a newspaper of general circulation, printed. published and circulated in the City of Anaheim. to wit: '!"he Anaheim Bulletin, on the lOth and 17th d.avs of July 19~, a notice inviting sealed proposals for furnishing the following: All plant, labor. services, materials and equipment. and all utilities and transpor~ation, including power. fuel and water. and performing all work necessary to construct and complete in a good and workmanlike l18.rUJ.er. in strict accordance with the specifications. plans and drawings therefor on file in the office of the City llDgineer or City Clerk of the City of Anaheim. the fol- 10wiDg public improvement. to wit: !he installation of floodlight facilities for park and recreation purposes on a portion of the Girlst Athletic Field. to be used as a softball field. at Western High School, 9411 South Western Avenne. Anaheim. California. consisting of in- stallation of 30 Crouse Hind Fta 44429C Floodlights. or equal. inc1udiIlg lallps. on two 56-foot poles and four 61-foot poles, &s per plans and specifications. Job No. 433. in aooordanoe with the designs, plans, prOfiles and speoifica- tions prepared by Geor~e.. HolYoke. City .lu:iaeer and the notioe inviting sealed proposals, whioh said notice speci- fied that sealed proposals as speoified in said notioe would be reoeived up until 2:00 ololock P.M. of the '31st day of July , 19~, and which said notioe did state and deolare that, pursuant to the provisions of Seotion 1770 of the Labor Oode, the City Counoil of the City of Anaheim had asoertained the prevailing rate of wages for eaoh type of labor needed to exe- oute said oontraot and did set forth the prevailing hourly wage soale so asoertained; and WHEREAS. on July 31 , 19..JL, at the hour of ololock P.M., the City Olerk and City Engineer of the 2:00 -1- - 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 necessary to con- struct and complete, in a good and workmanlike manner, in strict accordanoe with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the publio 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 12th day of August , 19..2!-. at the hour of 7:00 01 clock P.H., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by E. D. J005011 JJm COMP.AlTY. P. O. BOX 29. A1U1n!IM. IU T. I J'OBll'I.A.. for the construction. installation and oompletion of said tloodl1dlt facilities at Western High School. Job Bo. 433 hereinabove mentioned and described. was the lowest responsible proposal submitted therefor. and thereupon accepted said bid and did award a contract to said lB. D. Johnson and Compauy . for furnishing all plant. labor, services, materials and equipment and all utilities and transportation. including power, fuel and water, and performing all work neoessary to construct and oomplete. in a good and workmanlike manner, in striot aocordanoe with the specifications. plans. and drawings. the said pUblic improvement as specified in said notice inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a oontraot for and on behalf of the City of Anaheim with E. D. Johnson and C..'D8ZI3" whioh said contraot was duly made and entered into on the 14th day of Au.nst , 19~; and vhich contract vas later aod1fiecl b7 Change Order .0. 1. accepted. by the Contractor October 20. 1958; and WHEREAS. the said E. D. Johnson and Compa:ay has furnished all plant. labor, servioes. materials and equipment and all utilities and transportation. and performed all work necessary for the oon- struction and completion. 1n a good and workmanlike manner, in strict acoordanoe with the specifications. plans, drawings. of said pUblic improvement as specified in the notice inviting sealed pro- posals and in the detail. design. plans. profiles, drawings and specifioations prepared by Geortl':e E. Holyoke. City Euineer . and the oontraot,~~~e and entered into with it by the City of Anaheim; and ~d OhaIu:e Orcler , WHEREAS. the City Engineer bas dull oertified to the construction and completion of said pUblio improve- ment hereinabove mentioned ~ a.sep1~.a. in aocordanoe with the plans and specifications and the contract documents duly made and entered into with said E. D. Jtll""80n and C01llnAnV ; and WHEREAS, the City Council finds that said contractor has completed said pUblic improvement l!eFell!laileve meF' '&Pl1eulaPl.f- -4e- lerleea in acoordance with the provisions of the contract and the oontraot doouments, and that notioe of oompletion should be filed and payment of the balance due said contractor authorized in aocord- ance with the contraot doouments. -2- "- - BOW. THlilllJD'ORll, BE IT RllSOLVED by the City Council of the City of Anahei. that all plant. labor. seTTices, materials ana equip.ent and all utilities and transportation, and the performance of all work necessary to construct. install and complete, in a good and yorkaanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anahei.. together with the appurtenances thereto, said pu.blic improvement consis- ting of the installation of floodli~t facilities for park and recrea- tion purposes for the softball diaaond on the Mattie Lou Maxwell SChool grounds, in the City of Anaheim. more particularly described and set forth in Ch&D&e Order Bo. 1 hereinabove referred to and the contract dOClUllenta. by said contractor. be, and the same are hereby accepted, subject, never- theless. to all the terms, conditions and provisions of the contract docu- .ents, and that the balance due said contractor for said work be paid to it thirty-five (35) ~s from and after final acceptance of said work _ evidenced by the adoption of this resolution. but not sooner than thirt;r (30) d~s after the date of the filing of notice of completion. excepting only suCh sum or 8WIIS as mq lawfully be withheld in accordance with the provisions of said contract and contract doouaenh. That acceptance by the contractor of said payments made in accordance with sai4 final esti- _te shall operate and shall be a release to the Oity of Anahei.. its efficers. agents and emp10;rees from all claims and liabilities due the contractor for anything done or furnished or withheld or for anythillg re- lating to the work or any act or neglect of the City, ita officers. agents and employees. ezcepting only claims against the City for any amounts withheld by the Ci ty at the time of such payaent. AID :BE IT J'UR!HE :USOLv:ID that the Mayor and the City 01erk of the City of Anaheim be. and they are hereby authorised to execute and file a notice of completion of said work as required by law. TBI J'OlUlGOII'G DSOLUTIOI' is approved and signed by me this 14th d~ of April. 1959. ~~ ?rL 7Zo MAYOR 0 CITY OJ' AB'ABEIM ~T : / --) -;;; 3-" , _ ..J;;r: ?</~-/~ ~ ~. CIft OIDX OJ' 'fEE CIfY OJ' JJUBJlIM S!ATll OJ' CALIJORNIA ) COUftY OF OB.AJlllll ) 88. CITY OJ' .A.N.AUIM ) I. Dene M. Willi..s. City Clerk of the City of Anaheill. do hereby certify that the foregoiDg resolution was introduced and adopted. at a regular ..et ing prOTided by law of the Ci ty Council of the Ci t;r of Anaheim, held on the 14th ~ of April. 1959, by the follow1Dg vote: AYJIlS: COUB'CILNEB: Borden, Coons, Fry, Pearson and Schutte NOES: comrCILMlllli: None AllSENT : COUJrCILMBlI': None AID I J'URfBIR CDTIn that the M~or of the City of Anaheim apprOTed and signed said resolution on the 14th d~ of April. 1959. .- II' lI'I!DSS WHIllJrIOJ', I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th d~ of April. 1959. ~' ; ~);C::r-~- /- i . I . . ~~~<L..~ CITY CL1lRK OJ' mJl cur OJ' .O'JDIM (SEAL) -3- -