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1961-7234RESOLUTION NO. 7234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMFLETION 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 ANAHEIM MUNICIPAL GOLF COURSE ON GILBERT STREET BETWEEN CRE. NT L NCOLN AVENUES IN THE CITY OF ANAHEIM. JOB NO. 1 -A. 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 9 on the 20th and 27th days of arch 19 61, a notice inviting sealed proposals for furnishing th fo owing: 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 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: Furnish and install 1 -3 /IY' diamond mesh chain link fencing, around portions of the perimeter of the Anaheim Municipal Golf Course, on Gilbert Street between Crescent and Lincoln Avenues, in the City of Anaheim, approximately 6,000 lineal feet, without top rail, including four 15 -foot gates, one 30 -foot rolling gate, posts, footings and ties, bracing at corners, ends and gate posts, fittings, and all appurtenant work as indicated on the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 541 -A; in accordance with the designs plans, profiles and specifica- tions prepared by the Public W orks 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.M. of the 1st day of March 19 bl and which said not did state and declare that, pursuant 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 March 31 9 19 61 at the hour of 2 :00 o P.M., the City Clerk aria My Engineer of t1d. 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 a?' d 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 tr: 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 t day of Atari 1 .th 1 9 61 at the hour of o'clock P consider the sealed proposals submitted or 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 GUARDIAN FENCE SC U 'ANY, 3550 Long Beach Blvd., Long Beach 7 Californi for the construction, installation and completi of said chain link fencini around •ortions of the Anaheim Golf Course Job No. 1 -A, nabove mentioned and described, was the owest responsib_e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said GUARDIAN FENCE COMPANY, 3550 Long Beach Blvd. Lon Beach California or furnish ng al plant, labor, ser^vices, ma_er 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 specifications, 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 GUARDIAN FENCE COMPANY which said contract was u y ma a an enters n o on a �e day of April 1.961 and WHEREAS, the said GUARDIAN FENCE COMPANY has furnished 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 the Public Works Department and the contract made and entered into with 1t 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 COMPANY and ere 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 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 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 sam 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 iiraiWark 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 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 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 26th day of Se tember 9 19 61 ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS 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 Counci, of the it of Anaheim, held on the 26th day of September 19 61 by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 26th day of September 19 61 O IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of September a 19 61