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1955-2943RESOLUTION NO. 2943 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 NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, ADDITIONS AND ALTERATIONS TO SWIMMING POOL AT CITY PARK, JOB NO. 362. 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 25th day of March and the let day _of April 1911" a notice inviting sealed proposals for furnishing the fo B ow i ng All plant, labor, services, materials and equip- ment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accord- ance with the specifications, plans and drawings therefor on file in the Office of the City Clerk, and the contract documents for the construction and completion of additions and alterations to the Swimming Pool at the City Park, Anaheim, California, including all appurtenant work, Job No. 362. in accordance with the designs, plans, profiles and specifications prepared by George E. Holyoke, City Engineer and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said notice would be received up until 100 o'clock P.M. of the 12th day of April 19 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, at a regular meeting of the City Council held on the 12th day of April 19 55 at the hour of 7 :00 o clock P.M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and eq»ipment, and all utilities and transportation, in- cluding power, fuel and wntcnr, and pel forming all work necessary -1- 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, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the iC tv Eng= for examination, tabulation and report to the City Council, and said uy...2 ,xl did thereupon examine anT tabulate said sealed proposals and report the result of his tabulation to the City Council; and and the contract made and entered into wit i by t e City of Anaheim; and WHEREAS, the City Council did meet in regular session on the day of Ap 19_,J4_, at the hour of `7 :00 o clock P.M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the City zn inQr• of the City of Anaheim did thereupon make lzis report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by INC. 8400 SANTA MONICA B0 l EVARD for t e construction, installation an completion of said additions and alterations to Swimmi_ n _Pool. Job 4362. hereinabove mentioned and described was t e lowest responsib e proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said Paddock Pools. Inc, for furnishing all plant, labor, services, materials and equip- 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 Paddock Pools,,_ o�_ which said contract was duly made and entered inTo on the l day of April 19 55 and WHEREAS, the said. Paddock ,gols ,1„r;g, has furnished all plant, labor, services, materials and equip ment 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 and drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by WHEREAS, the C i t �T En in er has duly certified to tie construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said ddock ogls,. Inc. and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particul- arly 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 accordance with the contract documents. 2- NOW, THEREFORE, BE IT RESOLVED by the City Council of tine 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 Tile in'the office of the City Clerk of the City of Anaheim together with the ap purtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same is 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 pro- visions of said contract and.contract documents. That acceptance by the, contractors 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 anythin__. 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 re- quired by law. THE FOREGOING RESOLUIICN was signed and approved by me this `7th day of Sei)tember 19 55 ATTEST: C c_ f THE CITY OF ANAHEIM .IAYOR OF CITY OF ANAhEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF AIQAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do herd y certify that the foregoing resolution was adopted upon a final reading at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of September, 1955, by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pearson, Fry, Schutte, Wisser, and Van Wagoner. None. None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 27th day of September, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of September, 1955. CITY CLERK OF THE CITY OF ANAHEIM