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56R-3069 .- ....-- ""'-.",' RESOLUTION :NO. 30M 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: THE IMPROVEMElCT OF LA PALMA. AVEWE. FROM MAGNOLIA. A.VEllrl'E TO SEGUOIA AVI<:fIllll<:, JOB l'eL 101,. WHEREAS, the City Counoil of the City of Anaheim did cause to be published in a newspaper of general ciroulation, printed, published and circulated in the City of Anaheim, to wit: The Anahe. im Bulletin, on the ~Oth day and the l~th day ot Novemb~ ' 1 _55 , a notice inviting sealed proposals for rnishing the folrowrng: All plant, labor, services, materials and equipment, and all utilities and transportation, inoluding power, fuel and water, and performing all work necessary to oonstruct and complete, in a good and workmanlike manner, in striot accordance with the plans and speoifications on file in the Offioe of the City Clerk of the City of Anaheim, the follow- ing public improvement: The improvement ot La Palma Avenue from Magnolia Avenue to Sequoia Avenue, con- sisting of exoavation, paving with 4-inch plant-mix, adjusting existing manholes to grade, oonstruction ot cross-gutters, and appurtenant work as indicated on the plans, Job No. 104. .~ in accordance with the tiesigns, plans, profiles and specifications prepared by G.or~ E. Holy,oke, City ~iinrr~ and the notice inv ting sealed proposa s, w ich said notioe speoi- fied that sealed proposals as specified in said notice would be reoeived up until ~.OO o'olock P.H. c-f the 22J:ld day of I'ovember , 19 , and which said notice did state and de- ctare that, pursuan 0 the provisions of Seotion 1770 of the Labor Code, the City Council of the City of Anaheim had asoertain- ed 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 ...~.~ " on the o'clook hearing to that terials elUding WHEREAS, at a regular meet~n of the City Counoil heli 22J:ld day of November , 19 , at the hour of 7:00 P.M. ~f said date, said City ouncil,did hold a publio for the purpose of opening sealed proposals reoeived up time, for furnishing of all plant, labor, services, ma- and equipment, and all utilities and transportation, in- power, fuel and water, and performing all work necessary - "."." to construct and complete, in a good and \<forkmanlike 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 partioularly described and set forth; and '\IHEREAS, the City Council did thereupon refer said bids to the 01 t~ ~~~Teer for examination, ta u atlon--and report to the aity Council, and said Ci~~1~~1ne~r . did thereupon examine ancr ta u ate said seared proposals ann report the result of his tabulation to the City Council; and llHEREAS, the Oity Council did meet in regular session on the 2Qth day of 1~"{,.wV' , 19_5~~_, at the hour of J:~O o'clook P.~. to consider tne se~proposals submitted ~or urilishing materials and performing the work hereinabove more particularly described and set forth, and the Q~~Y ~~~ of the Oity of Ana eim TIr thereupon make hiS-report ana submit his tabulation of said sealed proposals, and the Oity Oouncil did thereupon find and determine that the sealed proposal submitted by ~. J. lQble Clp~a.n:v. P. 0, ~x ~liO -Q.tifit- Q.ll:l,;tg:rn:l,a, for tne construc ion, t"nsta lation and oompletion of said JOB NO. 104. Improvement of La Pa~a Aven~.. hereinabove mentioned and nescribed was tne lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said R J N~bl. COmQ~Y for furnishing--all p~an~, labor, servrces, materia~s ana 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 speoified in said notice inviting sealed proposals, and did authorize the Mayor and the Oity Olerk of the Oity of Anaheim to exeoute a contract for and on behalf of the City of Anahe im ,'Ti th J1" SJ:. i~l.~ C~m~~ , which said contract was du y ma e and entered into on the i~ day of December , 19 5~ ; and ~REAS, the said ~.~. nfQl' Co~ has furnished all plant, labor, serv ces, 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 specifioations prepared by .i.tilrA<<LAa~~~s.i:Q.'e.s: _, and the contraot made and entere-cf1'i1t'C)'Wfth 1i; y the C1 ty of Anaheim; and WHEREAS, the City EDiin~ has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifioations and the contract documents duly made and entered into with said aL~. Nobl. C~anl. ~_____ ; and '.lHEREAS, the Oi ty Oouncil finds that said contractor ~ has completed said public improvement hereinabove more particul- arly described in accordance with the proVisions of the contract and the contraot documents, and that notice of completion should be filed and payment of the balance due said oontractor authorized in accordance with the contract documents. -- -2- <~ ,~ ""--.., NOW, THEREFORE, BE IT RESOLVED by the City Council of tIle Gity of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the per- formance of all '"ork necessary to construct, install and complete in a good and workmanlike manner, in strict accordance with the specifications, ple.ns and drawings therefor on file in the office of the Oi ty Clerk of the Oi ty of Anaheim together wi th' 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, oonditions and provisions of the contract documents, and that the balance due said contractor for said work be paid to :o1t thirty-'-five (5) days from and after final aoceptance of said work as evidenoed by the adoption of this resolution, but not sooner than thirty (30) days aft~r 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 oontract 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 Oity, 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 11' FURTHER RESOLVED that the Mayor and the Oity Clerk of the Oity of Anaheim be, and they are hereby, authQrized to execute and file a notice of comDletion of said work as re- quired by law. THE FOREGOING RESOLUTION was signed and approved by me this lOth day of Ja.nuary , 19 I)' )7/ // /./_,~ ,~ ~2-,,--L/L~:Ld.~ a /f~ MAYOR OF-THE CITY OF ANAH IM ~ .h TTEST: /~" 1/ '-- ~ Cj ~) ,.., /,' ';;i;:-; ~ ---,,_L2:( k-:L-:"'~C~.~?L-'L- 01 TY CLERK OF I'HE CITY OF Al~AHEIM -. J-- S'r~lll OF ClLIFororIA) O~ OJ' cmA:!GE ) 8S. out OJ' .AD1DllIM ) I, DENI M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was adopted upon a final reading at a regular meeting of the City Oouncil of the City of Anaheim, he14 on the 10th d~ of January, 1956, by the following vote oftha .e.ler. thereof: --"' ._" AYES: COUNCILME1f: Pearson, Fry, Sc~\e, Wisser and. Tan Wagoner. 10ES: COUNCILMD: Bone. ~S:D'r: COUF.'CILMllf: lIone. A!lD I J'OR!HIR CERTIJ'Y that the Mayor of the 01 ty of Anahe1m app~oved and. signed said resolution on the 10th day of January, 1956. IB WlDESS 'tI'HEDOJ', I have hereunto set 11I1' hand and. aff1xed. the seal of the 01 ty of Anaheim thi. 10th day of Jaauary, 1956. d' OI!yim ~?~g~~.uio~ (SE4L) ~-