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1961-6908A 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 t.i LITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT HE CHERRY WAY STREET IMPROVEMENT FROM ROMNEYA DRIV T G L E N DRIVE. IN THE CITY WHEREAS, the City Council of th City of Anaheim did cause to be published in a newspaper of general circulation,. printed, published and circulated in the City of Anaheim, to witg The Anaheim Bulletin 9 n February 21 and February 28 9 1961 9 a no''.ce nv:._ ng sealed propose s or urn s ing the fo11 wing: AN E Lid JOB NO RESOLUTION NO. 6908 All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work n ecessary 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Cherry Way Street Improvement, from Romneya Drive to Glen Drive, in the City of Anaheim, consisting of the construction of h-inch A.C. pavement, including excavation and haulaway, construction of Portland Cement Concrete curb and gutter, Portland Cement Concrete driveways, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 534; in accordance with the designs, plans, profiles and specifica- tions prepared by James P. !Maddox Actin. Cit Engineer and the notice inv_tixg sea Lod proposa s, whit said notice specified that sealed prop*s is as specified in said notice would be received up until 2:00 o'ciock P.M. of the 9th day of 17m 9 and which said notice did state an ec are that, pur::uant t. the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rat 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 19 at the hour l� Mo, t of 2:00 0°cloc e y er ar t Engineer of olG 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, a d all utilities and transportation,. including power fuel and water, a ,performing all work neces- sary 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 of the City of Anaheim, the public improvement hereinabove more parti- cularly 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 tc 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 1 th day of Marc 9 1961 at the hour of 0 oeclock P consider the' sealed proposals submitted o r r• nishing 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 REUBEN AMAN, dba AMAN BROS. 614c East Edna Place Covina California or the construction, insta ation an comp -e on o sa Cheri Wa Street Im rovement Job No. 34, ere nabove mentioned and described, was the lowest responsi� ble proposal submitted therefor, and thereupon accepted said bid and did award a contract to said REUBEN AMAN, dba AMAN BROS. or furnishing all plant, labor, services, ma e r a .s an equ p- 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 accordance with the specific,- tions plans, and drawings, 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 contract for and on behalf of the City of Anaheim with UBEN N db,___.__ eN which said contract was du 'y m any enters n o on day of March 19 61 and WHEREAS, the said REUBEN AMAN dba AMAN BROS. has furnishe all plant, labor, services, 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 specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, designs, plans, profiles drawings and specifications pre- pared by James P. Maddox, Acting Cit Engineer 9 and the contract ma•e an• en ere n o w him y he 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 REUBEN AMAN, dba AMAN BROS., 614c East Edna Place Covina California 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 accord- ance with the contract documents. -2- NOW,'THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, 1dbor, 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 specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, 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 same 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 him thirty -five (35) days from and after final acceptance of ATI7Vark 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 contrast documents. That acceptance by the con- tractor 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 at 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 thy are hereby authorized to execute and file a notice of completi©n of said work as required by law. 16th ATTEST (SEAL) THE FOREGOING RESOLUTION is approved and signed by me this day of May 19 61 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Coaci of the ity of Anaheim, held on the 16th day of av 19 by the following vote: I, DENE M., WILLIAMS AYES. COUNCILMEN2 Chandler, Fry, Thompson and Schutte NOES: COUNCILMEN o: None ABSENT: COUNCILMEN o Coons AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 16th day of May 19 61 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of May a 1961 -3-