58R-4448
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RESOLUTI ON NO. 4448
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIX FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, KA-
TERIALS AND EQ,UIPMENT AND ALL UTILITIES AND TRAN~
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE REMODELING OF EXISTING FLOODLIGHT FACILITIES
FOR A SOFTBALL DIAMOND: AT '!'HE ANAHEIM CITY PARK.
IN THE CITY OF ANAHEIM_ JOB NO. u13.
WHEREAS, the City Council of the City of Anaheim aid
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 22ndand 29th days of November ,
19~, a notioe inviting sealed proposals for furnishing the
tollowing:
All plant, labor, services, materials and equip-
ment, 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 accord-
ance with the plans and specifications on file
in the office of the City Engineer or City Clerk
of the City of Anaheim, the following public im-
provement: The remodeling of existing floodlight
facilities for a softball diamond, at the Anaheim
City Park, in the City of Anaheim, Job No. 413,
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in aocordance with the designs, plans, prOfiles and specifica-
tions prepared by Georie E. Holvoke~ Ci~v En,ineer
and the notice inviting sealed proposals, whioh said notioe speci-
fied that sealed proposals as specified in said notioe would be
received up until 2'00 o'clock P.X. of the ~~h day of
December , 19~, and whioh 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 asoertained
the prevailing rate of wages for each type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wage
scale so ascertained; and
WHEREAS, on December" , 19...5:L, at the hour of
2:00 o'clock P.X., the City Clerk and City Engineer of the
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Oity 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
accordance with the specifications, plans and drawings therefor
on tile in the Office of the City Clerk of the Oity ot Anaheim,
the public improvement hereinabove more particularly described and
set forth, in public9 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 10th day
of Deoembe:r , 19-5l.., at the hour of 7:00 0' clock P.K.,
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. JOHNSON & CO.. P. O. Box 29. Anaheim.
Cali1'ornia
tor the construction, installation and oompletion of said Job No.k~3,
Reaodelin~ 01' Existini Floodliiht Facilities in Anaheim City Park ,
hereinabove mentioned and desoribed, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said E. D. JOHNSON & CO., P. O. Box 29,
Anaheim, California,
for furnishing all plaht, labor, services, materials and equipment
and all utilities and transportation9 including power, fuel and
water, and performing all work necessary to construot 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 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 E. D.
JOHNSON & CO.. P. O. Box 29. Anaheim. Cali1'ornia
which said contract was duly made and entered into on the l~th
day of December , 19-51-; and
WHEREAS, the said E. D. JOHNSON & CO.
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 specifioations, plans, drawings, of said
public improvement as speoified in the notice inviting sealed pro-
posals and in the detail, design, plans, profiles, drawings and
speoifications prepared by Geor~e E. Holvoke. City EDiineer
. and the contraot made and entered
into with it by the City of Anaheim; and
WHEREAS, the City En~ineer has duly
oertified to the construction and completion of said pUblic improve-
ment hereinabove mentioned and desoribed. in accordanoe with the
plans and specifications and the contract documents duly made and
entered into with said E. D. JOHNSON & CO., P. O. Box 2Q, Anaheim,
Cali1'ornla ; and
WHEREAS, the City Council finds that said oontractor has
oompleted said pUblio improvement hereinabove more particularly de-
scribed in accordance with the prOVisions of the oontract and the
contract documents, and that notice of completion should be filed
and payment of the balanoe due said contractor authorized in acoord-
ance with the contract documents.
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lOW. THEREFORE. BE IT RESOLVED by the City Counoil of the
City of Anaheim that all plant. labor. servioesg materials and
equipment and all utilities and transportation. and the performance
of all work neoessary to oonstruot. install and complete, in a good
and workaanlike manner. in striot aooordanoe with the speoifioa-
tions. plans and drawings therefor on file in the Offioe of the City
Clerk of the City Of Anaheim. together with the appurtenanoes
thereto. said publio improvement hereinabove more partioularly de-
soribed and set forth. in the City of Anaheimg by said oontraotor,
beg and the same are hereby aooepted. subjeot, nevertheless, to all
the terms, oonditions and provisions of the oontraot doouments, and
that the balanoe due said oontraotor for said work be paid to it
thirty-five (35) days from and after final aooeptanoe of said work
as evidenoed by the adoption of this resolution, but not sooner than
thirty (30) days after the date of the filing of notioe of oom-
pletion. exoepting only suoh sum or sums as may lawfully be withheld
in aooordance with the provisions of said oontraot and oontraot
doouments. That aooeptanoe by the oontraotor of said payments made
in aooordanoe with said final 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 oontractor for anything
done Or furnished or withheld or for anything relating to the work
or any aot or negleot of the City. its offioersg agents and em-
ployees. exoepting only olaims 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 Oi ty of Anaheim be. and they are hereby authorized to
exeoute and file a notioe of oompletion of said work as required
by law.
THE FOREGOING RESOLUTION is approved and signed by me
this 1st day of ADril . 19...sa....
~TT T: d~' r-:- .
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, I C . F T CIn OF DAHEI.
STATE OF CALIFORNIA )
couln OF O!WfGE ) SSe
OIn OF ANAHEIM )
I. DUE M. WILLIAMS . City Olerk of the Oity ot
Anaheim. do hereby oertify that the foregoing resolution W&8 intro-
duoed and adopted at an ad10urned regular meeting provided by law
of the City Counoil of the Oity of Anaheim. held on the lat day
of ADril >> 19~>> by the following vote:
;:n,;/_" ~
(/~ -1-/ . ....-..- iii:
HAYOR OF THE CITY OF .1.]1 nr---
AYES:
NOES:
COUliCIlJIEH: Pearson, Coons, Fry, Schutte and Wisser
COUIICILMElh None
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ABSENT: OOUJiCIlJIEi: None
,.AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the ] at. day of
ADrll . 19~.
IJi WITNESS WHEREOF. I have hereunto set my hand aDd affixed
the offio1al seal of the Oi ty of Anaheim this ht day ot
A.,p'P11 >>19-SlL. /)
(SUL) ~"~F ~-8nmm
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