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1973-305 ~ .- RESOLUTION NO. 73R- 305 ~ 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 \'lATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE MANZANITA PARK CONCRETE IMPROVEMENTS AND MASONRY WALL, NORTH END OF RIVIERA STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 793. 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 21st and 28th days of December , 19 72 , a notice inviting sealed proposals for furnishing the following: 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: The Manzanita Park concrete improvements and masonry wall, north end of Riviera Street, in the City of Anaheim, consisting of the construction of concrete masonry wall and concrete walks, drives, curbs, swales and retaining walls including excavation and backfill, and including all plant, labor, materials, equipment and related work necessary for the' construction; 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, Work Order No. 793. ~ in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De a and the notice inviting sea ed proposals, W 1ch sa1d notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 4th day of January , 19 73 , 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 ascer- tained the prevailing rate of w~ges for each type of l~b?r needed to execute said contract, and d1d state that the preva1l1ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- - - ~ WHEREAS, on __ Janu$lry 4 , 192:3..-.' .;H. the hour of _ ~: 00 0 I clock P. M.., the Cl ty Clerk and t"he Clt.y Engl.neer of the CIty of Anaheim did open sa~d sealed proposals rece"lved up to that time for t.he furnishing of all plant , labor, serv.l ces . materials and equIpment, and all utIlIties and transportatlor:., including power, fuel and water, and performing all work neces.- sary to construct and complete, "I.n a good and workmanlike manner. in strict accordance wIth the spec1.f1.cations, plans and dra'Yllngs therefor on file 1n the Office of the City Clerk of the CIty of Anaheim, the public :tmprovement hereinabove more particularlY described and set forth, in public, in the City CouncIl Chamber in the City Hall, Anaheim, California, and the City Engl.neer dld tabulate the result of said sealed proposals and d.id make a report to the City Council at its next -_______ regular meetl.ng; and WHEREAS, the Cl.ty Council of the City of Anaheim did, at its next .. -------- regular meet~ng, held on the 9t:h day of Januarv , 19-1.1.-, at the hour of 1:3~ o "clock P.M., consider the sealed proposals submitted for urnishing 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 GOODMAN AND PELOOUIN, INC., 505 s. Cypress St., La Habra, California for the construction, l.nstallat10n and completion of said Manzanita Park concrete improvements and masonrY wal~. N9rth end of Riviera st. Ci t of Anaheim Work Ord N erel.naoove mentl.oned and escrl. ed, was the lowest respons~ e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said GOODMAN AND PELOQUIN, INC. for furnish1ng all plant, labor, serv~ces, materials and equipment and all utilities and transpor- tation, 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, pl"ans and drawings, the said public improvement as specified in said notl.ce 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 GOODMAN AND PELOQUIN, INC. contract was duly made and entered into on the 12th January , 19~; and which sa1.d day of WHEREAS, the said GOODMAN AND PELOQUIN, INC. has furnl.shed all plant, labor, services, materl.als and equipment and all utilities and trans- portation, 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 detailed designs, plans, drawings, and specifications prepared by the Public Works D a , and t e contract ma e an entere ~nto wl.th it by the City of Anaheim; and ,~ WHEREAS, the Director of Public !or~s has duly certified to the construction and comp et~on of sa~d public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said GOODMAN AND PELOQUIN. INC. ; and --2- - ~ WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particlJ"" larly described in accordance with the ptov1sions of the contracl and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor author~zed in accordance with the contract documents. 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 performance of all work necessary to construct, install and com- plete, 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 herein- above 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 tnat the balance due said con- tractor 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, ewcepting 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 contractor of said payments made in accord,. ance 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 em- . ployees, excepting only claims against the City for am6unts \,"1 tb" held by the City at the time of such payment. AND BE IT FURTHER RESOLVED tibat the Mayor and theC1ty 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 24th day of July , 19 73 . thlS ATTEST: ,~ -3- "..... ."-" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) .~. I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-305 was passed and adopted at a regular meeting of the City Council held on the 24th day of July , 19 73 , by the following vote of the rnembers thereof: - AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom, and Dutton 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 24th day of July , 19--1.1-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of . .July , 19--1.1-. L)ff~ CIT . CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-305 duly passed and adopted by the Anaheim City Council on July 24, 1973. ~,-, N ~ City Clerk ~.