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63-0669RESOLUTION NO. 63R 669 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND 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 CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISH AND INSTALL CHAIN LINK FENCING AROUND PORTIONS OF THE NEW ADDITIOI 'O THE ANAHEIM MUNICIPAL GOLF COURSE LOCATED ON GILBERT MEET BETWEEN CRESCENT AND LINCOLN AVENUES IN THE CITY OF_ANAHEI JOB NO. 623. 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 63 a notice inviting sealed proposals for furnishing the following Detailed plans and specifications in accordance with and con- forming in general to preliminary plans and specifications prepared by the Public Works Department of the City of Anaheim and on file in the Office of the City Engineer, for the furnishing, installation and completion of a chain link fence around portions of the new addition to the Anaheim Municipal Golf Course located on Gilbert Street between Crescent and Lincoln Avenues, in the City of Anaheim; and all plant, labor, services, materials and equipment and all utilities and trans- portation, including power, fuel and water, and performing all work necessary to furnish, install and complete, in a good and workmanlike manner, in strict accordance with the detailed plans and specifications to be submitted by the bidder and conforming in general to preliminary plans and specifications on file in the Office of the City Engineer, a chain link fence of variable height (approximately 1,707 lineal feet) around portions of the new addition to the Anaheim Municipal Golf Course, located on Gilbert Street, between Crescent and Lincoln Avenues, in the City of Anaheim, including designed footings, swinging gates, extension arms for three strands of barbed wire for the six -foot height only, and all appurtenances, Job No. 623. preliminary plans and in accordance with the/ beesdligmoixpix x bt xmmt specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P. Ma of the 28th day of February 1963 and which 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 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 ascertained; and WHEREAS, on February 28 19 63 at the hour of 2:00 o'clock P. M., the City Clerk and City Engineer of -1- the City 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 neces- sary to construct and complete, in a good and workmanlike manner, in strict accordance with the detailed specifications, plans and drawings therefor submitted by the bidder and conforming in general to preliminary plans and specifications on file in the Office of the City Clerk of the City of Anaheim, the public improvement herein- above 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 pro- posals 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 5th day of March 1963 at the hour of 3:00 orclock P.M., consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by GUARDIAN FENCE CO., 3550 Long Beach Boulevard, Long Beach, California for the construction, installation and completion of said chain link fencing around portions of new addition Anaheim Municipal Golf Course, Job No. 623, hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said GUARDIAN FENCE CO. for furnishing 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 detailed specifications, plans and drawings submitted by said bidder, the said public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of Anaheim to execute a con- tract for and on behalf of the City of Anaheim with GUARDIAN FENCE CO. which said contract was u y ma e and entered into on the 7th day of March �9 63 and WHEREAS, the said GUARDIAN FENCE CO. has urnished all plant, labor, ser- vices, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the detailed specifications, plans, drawings of said public improvement submitted by the bidder and conforming in general to preliminary plans and specifications prepared by the Public Works Department as specified in the notice inviting sealed proposals and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said GUARDIAN FENCE CO. and 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 completion should be filed and payment of the balance due said contractor authorized in ac- cordance with the contract documents. -2- 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 per- formance of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the detailed specifications, plans and drawings therefor submitted by the bidder, together with the appurtenances thereto, said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the sane are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, 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 completion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract docu- ments. That acceptance by the contractor of said payments made in 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 officers, agents and employees, 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 law. THE FOREGOING RESOLUTION is approved and signed by me this 13th day of August 19 ATT T: CI CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ssa CITY OF ANAHEIM (SEAL) -3- I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 13th day of August 19 63 by the fol- lowing vote of the members thereof AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of August 1963 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim is 13th day of August 1963 LERK OF ANAHEIM