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57R-4037 -- - RESOLUTION NO. 403.7 -~ A RESOLUTION OF THE CITY COUNCIL or THE CITY OF ANAHEIM FINALLY ACCEPTING THE CP1IPLETION AND THE FURNISHING OF ALL PIAlfl', Ibol, 8m- VI CBS , 1IlTF.RUI.S Am> EQUIPBNT AND I ALL UTIL- ITIES AND TRUSPORTATION INCLUDINGI POWER, FUEL AND WATIR, AND PERFOmNG ALL! WORK NEClSSARY TO CONSTRUCT AND CO~ THE FCLWWING PUBLIC DIPJlOVElllNTa THE pr- ~r--.ty una .iO~. Jf@illlO. ~a$, the City Council of the City of A*aheim did cause to be pub- 118nea in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wita The .Anaheim Bullet.in, on the 28th. ~ .t ~ ~ &.<Ul ~ .t J- . ' 19 S7 , a notice inviting seal pro- pc or turni$ g the tollCl1ringa .u ,lant, ].abel', sem.e.., .tenals uci e4lU!1,..at, ad. all lI.~illties &JIll. tru.,ortaU... iIlel_hg Pfte~ tael ud. water. &ad perterm.ag all ark neee..ArT t. eon.tneit and cOllplete 1a a pod ..d wr.....Hlr. .....1'. iD. atrict accolniace wit. th.e s,.eiticaUons. plans &JIll. drawiags therefer otn file in the Oftiee .f tJae City Clerk .1' City BBgiaeer of the City .1' .lnUeia, tJt.e tollniag ,.b11c illproTeaent. to wit. T.. LineCllD-1.indaq ..... IIII!PNT....t - in LiRe.In .Avone tN. ~SO teet Ea,t ot BI'o......at Street t. Jreekhar,t Street. ud. :La Lindsay Street rro. Suaet AT." to 1.ineob AT8nue - cou:Lating .r tlle cenatneti.. of V.C.P. ......1' laterals in LinCllolD ATeJillle !:roa US!} feet Eaat .r IBreekllllr.t street to Broe~.t Street ud. 1a lJ.nUay Street tN. SllIlMt Avone to J.ineelD .lTen.e. incl11d.i.Rg treaehillg. aaaule eonst.rucUon. back1'111. r.nrtacug a.H app-ar\eamt ..ft. as in41cat.. on the plaUt Job No. 1098. _r-, in accordance with the designs, plans, profiles and specifications prepared by ~ 1:_ ~1~. fi.t,y ~Di". and .the notice inviting sealed ..... . Is, ich.Ri not ce specified that sealed proposals as speCified in said ltOtice would be received up untilwhi-r a' clock P. M. or the Uta d~ of . .1'\\1_ , 19.aI-, and c said notice did state and declare that. P'l"suant to the provisions or Section 1770 or the Labor Code, the City Council ot the City of Anaheim had. ascertained the prevailing rate of wages for each type of labor needed to execute said contract and did set forth the pre- vailing hourly wage scale so ascertained; and WF1r.R1i:'~, at a regular meeting of the City Qouncil held on the ~day of ~.._ , 19 Iii? , at the hour ot 7lOCl o' clock p~r sai e, said City Council did hold a public hea~ing for the purpose of opening s.alee! proposals received up to that time, for the furnishing of all plant, labor. service.. materials, and equipment, and all utilities and transportation, in- cluding power, fuel and water, and performing a11work necessary to construct and -1- - ,-.. --~ complete, in a good and workmanlike manner, in strtct accordance with the speci- fipations, plans and drawings therefor on file in he office of the City Clerk gf the City of Anaheim, of the public improvement hereinabove more particular~ described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the ~ ~f'or examination, ta:bnlation and, report to the City Co ai1d__~ nCU:rhiiuer did 'thereupon examin~ and tabulate said sealed pro- posals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the lltJa day of June , 19.!!..-, at the hour of t!!!-Ol clock P. M. to consider the sealed proposals submitted for fUI1lishing materials and performing the work hereinabove more particularly described apd set forth, and the Ci~-er of the City of Anaheim did thereupon make his repo an submit his tabulation of said sealed p~posa1s, and the City Council did thereupon find and determine that the sealed Ptoposal submitted by .1__ P. B. COHTi1C' G IIC for the canst ction, installation and co~ p1et!on of said LIJIOOIJil-t.T1l1TlAAY S... TVPllOVDJaIT1 JOB ]fO. 1098 herbinabove mentioned and des- cribed was the lowest resoonsib1e proposal submitt~ therefor, and thereupon ac- cepted said bid and did award a contract to said . P. I. CORTJl&CTIIllG OOIP.&II IIIC. for furnish in a 1 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, the said public improvement as specif'ied in said notice inviting sealed proposals, and did authorize the Mayor and the CUy Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with _____ .1 P S. CO CTIIG CQIP.1NY INC. ch said contract was duly made and entered into on t e 12th day of .I1ln8 , 19..21-; and WHEREAS, the said .1.. P. S. COITlACTIIfG ~.&lIY, lIC. has furnished'all plant, labor, services, materials and equipment and all utili ties and transportation, and performed all lIOrk necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and $pecifications prepared by ~a .l78k:~ Cf;.1;Y e~er , and the contract made and enterea:-- Im.~h U Y t e CIty of Anaheim; and WHEREAS, the Qit.X v."vuU' the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said ; and has duly certified to imptovement hereinabove mentioned specifications and the contract J. P. S. OOJ'l'RJ.C'fIlG CInDY. IIC. WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of the contract and the contract documents, and that notice of co~ p1etion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. ---.1""'"'" NOW, THEREFORE, BE IT H~OLVED by the City Council of the City of' Anaheim that all plant, labor, services, materials and equtpment and all utilities and transportation, and the performance of all work ne~essary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the. spe- cifications, plans and drawings therefor on file i~ the office of the City Clerk of the City of Anaheim, together with the appurten~mces thereto of said public improvement hereinabove more particularly describe~ and set forth, in the City' of Anaheim, by said contractor, be, and the same are hereby, accepted, subject, -2- ,- - -<,....... nevertheless, to all the terme, conditions and pro~isions of the contract docu- ments, and that the balance due said contractor fo~ said work be paid to it thirt1-fi ve (35) days from and after final acceptarlce of said work as evidenced by the adoption of this reso1.ution, but not sooner than thirty (30) days after the date of the filing of notice of compl~tion, exqepting only such sum or sums as may la....fully be withheld in accordance with the 'provisions of said contract and contract documents. That acceptance by the co~tractor of said payments made in accordance with said fina1. estimate shall opera"'e and shall be a release to the City of Anaheim, its officers, agents and emp1.~yees from all claims and lia- bilities due the contractor for anything done or fdrnished or withheld or for anything relating to the work or any act or neglect of the City, its officers, agent. and employees, excepting only claims against the City for any amounts rltbheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayoll' and the City Clerk of the City of Anaheim be, and they are hereby authorized to ~ecute and file a notice of completion of said work as required by la..... day of THE FOREGOING RESOLUTION is signed and awroved by me this l3t.h ~.'i!!'.t , 19 !1l7 · ~. ATTlSf. f - '- c:.- "... 4Y~r ~ of~~~6f ~ STATE OF GlLIFORNIA ) ~~FO~~ ~ SSe I, ~ IL~ ' ~ity Clerk of the City of Anaheim, do h~ derti!y tilt ~he foregoing Reso utton was passed and adopted at a, regular meeting of the City ouncil held on the ~da;r of' ..:.J-...-t , 19 J7 , by the following vote of the member"S'"'tliireof. ADS a COUNCIUlEN PeanOJl, CoOft$~ Fry, sclUat~ and .~ N(8S I COUNC:ILMEN 10M AlIISE1ITa COUNCILMEN a Mo... AND I FURTHER CIRTIFY that the Mayor of the City of Anaheim signed and approv-'- said Resolution on the Ut.a day of A~ ' 1951-. IN nTNESS WHEREOF, I have hereunto set my hand and' affixed the seal of the City of Anaheim this 13th day of hpa' , 19.52....-. ~ ~~%OF~~K (SElL) -J-