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57R-3691 ,... ,- -, ,-... RESOLUTION NO. 3691 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT. LABOR, SER- VICES. MATERIALS AND :EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER. FUEL AND WATER. AND PERFORMING ALL WORK NEOESSARY TO OONSTRUOT AND COMPLETE THE FOLLOWING PUBLIO IMPROVEMENT: CONSTRUCTION OF A 16" WATER LINE IN LEWIS ST. FROM BALL RD. TO Ct~lTOS, AND A 14" WATER LINE ALSO IN LEWIS STRtET FROM v~KK1~OS TO KATELLA AVENUE, WORK ORDER NO. 11.}3"(. WHEREAS. the City Oouncil of the Oity of Anaheim did cause to be pUblished in a newspaper of general cl~culation, printed. pUblished and circulated in the Oity of Anaheim. to wit: The Anaheim Bulletin. on the 26t~ day of September and 2nd day of october. 1956 . 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, anu)erformine- all work necessary to cnnstruct and, complete in a :::~ooC\ 2,rll"l 1,Torkrnanlike manner, in strict 8.ccordance :dth the specifications, plans and drawin~s ther~for on file in the Office of the City Clerk ~f the Oi tv of Amd1eim, the follow'ing public im- iJrovement to wit: The construction, installation and comuletio~ of a sixteen (16) inch steel cylinder con- crete water line in Lewis street, complete with valves, fittings and all ap8urtenances, from Ball Road to Cerritos Avenue, also in Le\l.'i8 Street from Oerritos Avenue to Katella, the construction, inst811ation and completion of a fourteen (14) inch steel cylinder con- crete "ater line with valves, fittings and all aupurte- nances, in the City of Anaheim, yvork Order No. 1437, '-- .,,-.. in acoordance with the designs, plans. profiles and speoifioations pre- pared by Geor~~ E. Holyoke, City Engineer and the notice inviting sealed proposals, which said notice specified that sealed proposals as spe~irled in said notice would be reoeived up ~ntl1 7:00 o'clock P.M. of the 9th day of October , 19 56 ,and whioh said notioe did state and deolare that. pursuant to the provisions of Seotion 1770 of the Labor Oode, the Oity Council of 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 prevailing hourly wage scale so ascer- t ained; and WHEREAS, at a regular meeti~ of the Oity Council held on the 9th day of October . 19.Jb , at the hour of 7:00 o'clook P.M. of said date, said Oity Oouncil did hold a public hearing for the purpose of opening sealed proposals reoeived up to that time. for furnishing of all plant, labor. servioes. materials,and equipment. and all utilities and transportation, including power. fuel and water. and per- -1- - -"., J!III"""'- forming all work neoessary to oonstruot and complete, in a good and workmanlike manner, in strict aooordanoe with the speoifioations, plans and drawings therefor on file in the offioe of the City Clerk of the City of Anaheim, of the publio improvement hereinabove more partioularly desoribed and set forth; and WHEREAS, the City Council did thereupon refer said bids to the City Engineer for examination tabulation and report to the City Council, and said City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Council} and ,-,~ WHEREAS, the City Council did meet in regular session on the 9th day of October , 19 56 , at the hour of 7:00 o'clook P.M. to oonsider the s$aled proposals submitted for furnishing materials and performing the work hereinabove more particularly desoribed and set forth, and the City En~ineer of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Oouncil did thereupon find and determine that the sealed proposal submitted by LEDFORD BROS. 2 18 Gaviota on Beach 4 California for the oonstruotion, installation and oompletion of said 1 and 1 II wat r lines in ewis str et W k d r 1 hereina~ove mentioned and described was t e lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said LEDFORD BROS. for furnishing all plant, labor, servioes, materials and equipment and all utilities and transportation, inoluding power, fuel and water, and performing all work neoessary to construot and oomplete, in a good and workmanlike manner, in strict acoordanoe with the specifioations, plans, and drawings, the said pUblio improvement as speoified in said notice inviting sealed proposals, and did authorize the Mayor and the Oity Clerk of the City of Anaheim to execQte a contract for and on behalf of the City of Anaheim with LEDFORD BROS. , which said contraot was duly made and entered into on the 11th day of October 19..i2-; and WHEREAS, the said LEDFORD BROS. has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work neoessary for the oonstruotion and completion, in a good and workmanlike manner, in strict accordanoe with the specifioations, plans, drawings, of said publio improvement as specified in the notice inviting sealed proposals and in the detail, design, plans~ profiles, drawings and speoifioations prepared by George E. Kolyok1, vi ty Engineer , and the oontraot made and entered into wit~hem by the City of Anaheim; and WHEREAS, the Ci tv En~ineer has duly oertified to the oonstruotion and oompletion of said pUblic improvement hereinabove mentioned and desoribed in acoordanoe with the plans and speoifioations and the contraot doouments duly made and entered into with said LEDFORD BROS. ; and WHEREAS, the Oity Council finds that said contraotor has oom- pleted said pUblio improvement hereinabove more partioularly desoribed in acoordance with the provisions of the oontraot and the oontraot doouments, and that notice of completion should be filed and payment of the balanoe due said oontraotor authorized in aooordance with the contract documents. NOW. THEREFORE, BE IT RESOL YED by the City Oouncil of the City of Anaheim that all plant, labor, servioes, materials and eqUipment -2- r-- ........... '- r"'- - and all utilities and transportation, and the performance of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the speoifications, plans and drawings therefor on file in the office of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto of said pUblic improvement hereinabove more partioularly described and set forth, in the Oity of Anaheim, by said oon- tractor, be, and the same is hereby, aocepted,subject, neverthe- less, to all the terms, conditions and provisions of the contraot documents, and that the balance due said contractor for said work be paid to__th~m thirty-five (35) days from and after final acoeptance 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 completion, exoepting only sueh sum or sums as may lawfully be withheld in accordance with the pro- visions of said contract and contraot documents. That aooeptance by the contraotor of said payments made in aocordance with said final estimate shall operate and shall be a release to the Oity 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 aot or neg- lect of the City, its officers, agents and employees, excepting only claims against the Oity for any amounts withheld by the City at the time of such payment~ AND BE IT FURTHER RESOLVED that the Mayor and the Oity 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 RESOLUTION was signed and approved by me this 13th day of February , 19 '57 . .-).. --)-. I / /. --- ( /.1 ,~0~/C~"'-'\ xlYOR OF THE CITY OFANAHEIX' AT'l'J:ST: ~~{f ~~~'~'illYM -r ,--... ~ STA:ri OF CA.LIlOUIA ) coawrr OF ORUGI ) ss. cm at DlHIIM ) ~- I, 1m K. lfTl,r.T.JlIR, City Clerk: of t4e City of Anaheim, do hereby certify that the foregoing Resolution was du.lypa8sed and adopted. at a regular ~. r meetinq of the City Council of the City of ~eim, held on the 13th day of Feb.tuary, 1957, by the following vote of the ~rs thereof: AYI8: NOD: COUlCIIKU': Pearson, Coons, Fry and. Schutte COUJICIIHD: .lone AlBIN'l': COUICDXUh Visser AND I I'UllrBD CERTIFY that the XAyor.4d.i the City of Anaheim appro'ftd and aiQJled said Resolution on the 13tll day of Febrwuy, 1957. IN "l'l'.~ _~f, I haTe hereunto .et I1ly hand and. affixed. the seal of the City of Anaheim this 13th day of F~ry, 1951. ~_~w.~ ( 8.I&L) .~.-