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59R-5058 - ,~ RESOLUTION NO. 5058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTIO~ OF A STO~l DRAIN ON BROADWAY, FROM MANCHESTER AVE~UE TO LOS ANGELES STREET, JOB NO. 196. WHEREAS, the Oity Oouncil of the City of Anaheim aid oause to be published in a newspaper of general oiroulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Gazette., on the 21st and 28th davs of August , 19~, a notice inviting sealed proposals for furnishing the 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 fol- lowing public improvement, to wit: The construction of a storm drain on Broadway, from Manchester Avenue to Los Angeles Street, in the City of Anaheim, including 12-inch to 48-inch pipe, catch basin, resurfacing and appurtenant work, as indicated on the plans, Job No. 196, in aocordanoe with the designs, plans, prOfiles and speoifioa- tions prepared by ~~~~g~ Wo, H~ly~~~. City Engineer. and the notice inviting sealed proposals, whioh said notice speci- fied that sealed proposals as specified in said notioe would be reoeived up until 2:00 o'clock P.M. of the ~th day of September , 19~, and which said notioe 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 exe- cute said contract and did set forth the prevailing hourly wage Bcale so ascertained; and WHEREAS, on September 4 , 19...2L-, at the hour of o'clock P.M., the Oity Clerk and City Engineer of the 2:00 -1- Oity of Anaheim did open said sealed proposals reoeived 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 aocordance with the speoifications. plans and drawings therefor on file in the Office of the City Olerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth. in public. in the City Counoil Chamber in the City Hall, Anaheim, California, and the Oity 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 10th day of September . 19.21L-.. at the hour of 7 :00 o' clook P.M., 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 L.L. Dobkins Construction Co.. Inc. for the construction. installation and oompletion of said storm drain on Broadway, from Manchester to Los Angeles St., Job No. 196. hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon aocepted said bid and did award a contract to said L.L. Dobkins Construction Co.. Inc. for furnishing all plaht. labor. servioes. materials and equipment and all utilities and transportation, inoluding power, fuel and "ater, and performing all work neoessary to construct and complete. in a good and workmanlike manner, in striot aooordanoe with the speoifioations. plans. and drawings. the said pUblio improvement as speoified in said notioe 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 1.L. Dobkins Construction Co.. Inc. whioh said contraot was duly made and entered into on the 11th day of September , 19~; and WHEREAS, the said L.L. Dobkins Construction Co.. Tnc. has furnished all plant, labor, servioes. materials and equipment and all utilities and transportation, and performed all work necessary for the oon- struotion and completion. in a good and workmanlike manner, in striot acoordance with the speoifioations. plans. drawings, of said publio improvement as speoified in the notioe inviting sealed pro- posals and in the detail. design, plans, prOfiles, drawings and specifications prepared by Geor~e E. Holvoke. City EnginAA~ , and the oontraot made and entered into with it by the City of Anaheim; and WHEREAS, the City Engineer has dull certified to the construction and oompletion of said publio improve- ment hereinabove mentioned and described, in acoordanoe with the plans and speoifications and the contract documents duly made and entered into with said 1.L. Dobkins Construction Co.. Inc. ; and WHEREAS. the Oity Oouncil finds that said contractor has oompleted said pUblio improvement hereinabove more partioularly de- scribed in aocordanoe with the prOVisions of the oontraot and the oontraot documents, and that notioe of oompletion should be filed and payment of the balanoe due said oontraotor authorized in aooord- anoe with the oontraot doouments. -2- ;.If/II""" 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 complete. in a good and workmanlike manner, in striot accordanoe with the specifica- tions. plans and drawings therefor on file in the Office of the City Clerk of the City of Anahelm~ together with the appurtenances thereto. said public improvement hereinabove mOre particularly de- scribed 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 provl.s10ns of the contract docWllents>> and that the balance due said contractor 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 filing of notice of com- pletion, excepting only such sum or SWllS 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 1n accordance 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 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 offioers, agents and em- ployees~ excepting only claims against the City for any 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 lawe this THE FOREGOING RESOLUTION is approved and signed by me ;:l)1 t:h day of _ Fe bruary >> 19-59_. - a )~. f?~ MAYOR OEJ THE CITY OF ANAHEIK AT,'J;'EST: ~. -))1. -k~~.,,~ CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUITY OF ORANGE ) ss. CITY OF ANAHEIM ) 12 DENE N. WILLIAMS 9 City Clerk of the City of Anaheim. do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting prov~fhbY law of theFC1tv Council of the5Clty of Anaheim, held on the day of eor~ary D 19~? by the following vote: AYES: NOES: COUNCILMEN: Borden, Coons, Fry and Schutte COUNCILMEN: None - ABSENT: OOUNCILMEN: Pearson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2~th day of February >> 19..E..9-.... IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this _?~th day of February >> 19~. ( SEAL ) L~v~~ CITY OLERK OF THE OITY OF ANAHEIM -3- ..