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58R-4505 - ,- RESOLUTI ON NO. 4505 A RESOLUTION OF THE CITY COUNOIL OF THE OITY OF AIAHEIM FINALLY AOCEPTING THE OOMPLETION AND THE FURlIISHING OF ALL PLANT, LABOR, SERVICES, JU,.. TERIALS AID EQ,UIPMENT AND ALL UTILITIES AND TRANS- PORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIO IMPROVEMENT~ TO WIT: THE IMPROVEMENT OF LOARA STREET FROM ORANGEWOOD AVENUE TO 1,320 FEET SOUTH OF OkANGEWooD AVENUE, JOB NO. 169. 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 14th and 21st days of February , 19~, a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, in- cluding 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 or City Engineer of the City of Anaheim, the following public improvement, to wit: The Improvement of Loara Street, from Orangewood Avenue to 1,320 feet southerly, consisting of excavation, removal of existing material, paving with four inches of plant- mix paving, adjusting existing manholes to grade, clearing of right of way, and appurtenant work, as indicated on the plans, Job No. 169, ~ in aocordance with the designs, plans, prOfiles and specifica- t10ns prepared by Georae E. Holvoke. City Encineer and the notioe inviting sea1ed proposa1s. whioh said notioe speoi- fled that sealed proposals as specified in said notice WOQld be received up until 2:00 o'clock P.X. of the 27th day of Februarv , 19~, and which said notice did state and declare that, pursuant to the prOVisions of Section 1770 of the LabOr Oode, the City Oouncil of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to exe- oute said contract and did set fOrth the prevailing hourly wage 8.ale so ascertained; and W~REAS, on February 27 , 19....2SL, at the hour of o'olook P.M., the City Clerk and City Engineer of the 2:00 -1- ~ ~- .~ City of ARaheim did open said se~ed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipaent, 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 accordance with the specifications, plans and drawings theretor On file in the Offioe 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 Oouncil at its next ad iourned regular meeting; and WHEREAS, the City Oouncil of the City of Anaheim did, at its next adjourned regular meeting, held on the 4th day of March . 19~, at the hour of 7:00 o'olock P.K., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particular11 described and set forth, and did thereupon find and determine that the se~ed proposal submitted by COX BROS. CONSTRUCTION CO., P. O. Drawer C: Stanton, California. tor the construotion, installation and oompletion of said INPROVEMENT OF LOARA STREET. JOB NO. 169. hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon aooepted said bid and did award a oontraot to said COX BROS. CONSTRUCTION CO.. P. O. Drawer "9," Stanton. California. for furnishing all plaht, labor, services, materials and equipment and all utilities and transportation, inoluding power, fuel and water, and performing all work neoessary to oonstruct and complete, in a good and workmanlike manner, in striot aooordance with the specifications, plans, and drawings, the said pUblic improvement as specified in said notioe inviting sealed proposals, and did author- ize 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 COX BROS. CONSTRUCTION CO., P. O. Drawer "C," Stanton, California which said oontract was duly made and entered into on the 6th day of March , 19~; and , r- WHEREAS, the said COX BROS. CONSTRUCTION CO. has furnished all plant, la_or, 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 striot accordanoe with the specifications. plans, drawings, of sald public improvement as speoified in the notioe inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and ~ecifications prepared by George E. Holvoke. City Enaineer , and the oontract made and entered into with it by the City of Anaheim; and WHEREAS, the Ci tv Enaineer bas dull oertified to the oonstruction and oompletion of said pUblic improve- ment hereinabove mentioned and described, in accordanoe with the plans and speoifications and the contraot doouments duly made and entered into with said COX BROS. CONSTRUCTION CO. ; and WHEREAS, the Oity Oouncil finds that said contractor has completed said pUblic improvement hereinabove more particularly de- scribed in accordanoe with the prOVisions of the oontract and the oontract doouments, and that notioe of oompletion should be filed and payment of the balanoe due said oontractor authorized in accord- anoe with the oontract doouments. -2- ,- - .,-.. NOW 9 THEREFOREg BE IT RESOLVED by the Oity Oouncil of the Oity of Anaheim that all plantg laborD servicesg materials and equipment and all utilities and transportationD and the pertormance ot all work necessary to constructg install and complete, i_ a good and workmanlike sa_nerD in strict accordance with the speoitic&- tionsD plans and drawings therefor on tile ln the Otfice of the Oity Clerk of the Clty of AnaheimD together with the appurtenanoes theretog said public improvement hereinabove more partioularly de- 80ribed and set forth. in the City of Anaheim9 by said oontraotor, be9 and the same are hereby aocepted. subJectg nevertheless. to all the terms9 oonditions and provisions of the oontract documents. and that the balance due said contractor for said work be paid to it thirty-five (35) days from and after final acceptance ot said work as evidenced by the adoption of this resolution9 but not sooner thaa thirty (JO) days atter the date of the filing of notioe of com- pletion9 exoepting only suoh sum or sums as may lawfully be withheld in aocordanoe with the provisions of said contraot and oontract doouments. That acceptanoe by the contraotor of said payments made in aocordanoe with said tinal estimate shall operate and shall be a release to the City of Anaheim. its offioers. agents and employees from all olaims and liabilities due the contraotor for anything done or turnished or withheld or for anything relating to the work or any act or neglect of the CltYD its offioers9 agents and em- ployees. exoepting only clalms against the City for any amounts withheld by the City at the time of such paymento ANI> BE IT FURTHER RESOLVED that the Hayor and the Oi ty 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 RESOLUTIOI is approved and signed by me this 6th day of May 9 19~o ~L ~ \lAYOR OF~OF AUIIEIIlI :ZJT: ~.J;-;~-4Mm. c 0 OF T~ OITY OF AlA}IEIX S~ATE OF OALIFORNIA ) OOVITY OF OR.UlGE ) 8S. CITY OF AJAHEIK ) I. DENE M. WILLIAMS 9 City Olerk ot the Oit1 ot Anaheim 9 do hereb1 oertify that the toregoing resolution Was intro- duced and adopted at an ad10urned regular meeting provided by law ot the Oity Counoil of the Oity of Anaheim. held on the 6th dar ot Mav 9 19~9 by the following vote: AYES: COUIOILXEH: Pearson, Borden, Fry, Schutte and Coons 10ES: COUlIICII.JIE)I: None r, ABSENT: OOUJiOILXEII: None AND I FURTHER CERTIFY that the Hayor of the Oity of AD.~eim approved and signed said resolution on the 6th day ot May 9 19~o II WITNESS WHEREOF, I have nereunto set my hand and aft1xed the ofUclal seal of the Oi ty of Anaheim this 6th day of Mav >> 19~o (SEAL) -3-