Loading...
1955-2816RESOLUTION NO. 2816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABnR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POIAER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: BALL ROAD STREET IMPROVEMENT, FROM OLIVE ST. TO LOS ANGELES ST., JOB NO. 361. 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 2 rd da and the Oth da of March 19 a notice inviting sealed proposals for furnishing the fol owing: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and perform all work neces- sary to construct and complete in a good and workman- like manner, in strict accordance with the plans and specifications on file in the Office of the City Clerk of the City of Anaheim, the improvement of Ball Road from Olive Street to Los Angeles Street by the removal of existing material, paving with plant mix surfacing four (4) inches thick, adjusting exist- ing manholes to grade, and appurtenant work, Job No. 361. 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 :00 o'clock P.M. of the th day of April 19 and which said notice s ate 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 sold contract and did set forth the prevailing hourly wage scale so ascertained; and an adjourned WHEREAS, at regular meeting of the City Council held on the 5th day of April 19 55 at the hour of 7:00 o l clock P.M. of said date, said City Council did hold a publ J c nearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and egni and all utilities and transportation, in- ciud_iLg j.ower, fuel. and. wntor, and performing 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 the to the City Engineer examina tabulation and report to the" examine and tabulate said se proposals of his tabulation to the City Council; and an adjourned WHEREAS, the City Council did meet in/regular session on the th day of April_ 19 5 at the hour of 7;00 o'clock P.I. to consider tie sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the C, ,pi Engineer of the City of A naheim did thereupon make hiis report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by COX BROTHERS CONSTRUCTION COMPANY P. 0. BOX "C STANTON CALIFORNIA for the construction, installation and comp etion of said BALL hereinabove mentioned and described was t e lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said Cox Brothers Construction Company for furnishing all plan', 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 Cox Brothers Construction Company which said contract was duly made and entered into on t e nth day of A� 19 and WHEREAS, the said Cox Brothers Construction C.ompan;� 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 OQQr g F Ijo oke. _Cites En g ineer ;•:1 11 ID and the contract made and entered into wit i't by t e City of Anaheim; and WHEREAS, the City Engineer 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 Cox Brothers ,Construction Company 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- reupon refer said bids for ity Council, and said did thereupon and report the result 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 specifications, plans and drawings therefor on file 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 3t 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 be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done 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 27th day of June 19 55 ATTEST: CITY CLERK OF T: E CITY OF ANAHEIM r MAYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ORNIA- COUNTY OF ORANGE se. CITY OF ANAHEIM I, DEM L. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution 14a..s adopte' upon c, final reading at an Adjourned Regular meeting of the City Council of the City of Anaheim, held on the 27th day of June, 1955, by the following,; vote of the members thereof: AYES: CCtJ TCILN Pearson, Fry, Wisser and Van Wagoner. NOES: COUNCILMEN: NI: None. ABSENT: COUNCILMEN: Schutte. AND I PURIM CER'IFY that the Mayor of the City of Anaheim ap- proved and signed said Resolution on the 27th day of June, 1955. IN WITNESS :HEREOF, I have hereunto set my hand end affixed the seal of the City of Anaheim this 27th day of June, 195. (SEAL) CITY CLERK OF THE CITY OF ANAITEIh?