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1967-505 RESOLUTION NO. 67R...505 ,,- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL P~T, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IY1PROVEMENT OF STODDARD PARK, ON NINTH STREET, FROM APPROXI~ATELY 600 FEET TO APPROXIMATELY 1300 FEET SOUTH OF KATELLA AVENUE, IN THE CITY OF ANAHEIM, JOB NO. 1100. 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 8th and 15th days of June , 19 67 , a notice invit1ng sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, includ- ing 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, tha follow- ing public improvement, to wit: The improvement of Stoddard Park, on Ninth Street, from approxi- mately 600 feet to approximately 1300 feet south of Katella Avenue, in the City of Anaheim, consist- ing of the construction of 4 and 6-inch P.C.C. side- walks, P.C.C. planter, play area and backstop curb- ing; and P.C.C. backstop pad; installation of traffic barrier, bench supports and fenoe posts with P.C.C. footings, and appurtenant work as more particularly set forth in the plans and specifications on file in the office 0* the City Clerk or City Engineer Job No. 1100. " ~~' in accordance with the designs, plans, profiles and specifica- tions prepared by tpe PUbltc Works De~art~pt and the notice invit1ng sea ed proposals, wh1ch said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 22nd day of June , 19 67 , 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 wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- - -. WHEREAS, on June 22 , 19 67 , at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, ,~. materials ana equipment, and all utilities and transportation, including power, fuel and water, and 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 particularly 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 to the City Council at its next regular meeting; and ~vHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 27th day of \T~ne .. ' 19~, at the hour of 1:30 o'clock P.M., conS1 er tne sealed proposals submitted for furnishing 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 SILVERI CONSTRUCTION CO.. 124t: T.r1kp-view Street, La Habra. California, for he construction, installation and completion of said Stoddard on Ninth St. from a rox. 600 feet t a ox. 1300 feet south of Katp-lla Avp-. Job No. lIDO here1na ove ment10ne and described, was the lowest respo~sible proposal submitted tnerefor, and thereupon accepted said bid and did award a contract to said SILVERI CONSTRUCTION CO. for furnishing all plant, labor, services, 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, 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 SILVERI CONSTRUCTION CO. which said contract was duly made and entered into on the 29th day of June , 19~; and WHEREAS, the said SILVERI CpNSTRUCTION CO. has furn1shed all plant, labor, services, materials and equipment and all utilities and trans- portation, and performing 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 Department , and the contract made and entered into with it by the City of Anaheim; and ,,- WHEREAS, the Director of Pub~ic Works has duly certified to the construction and completion of said 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 SILVERI CONSTRUCTION CO. ; and -2- _. _. WHEREAS, the City Council finds that said contractor has completed said public i.mprovement hereinabove more particu- larly 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. 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, amd 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 that 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, 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 contractor of said payments made in accord- ance with said final estimate shall operate and shall be a release to the Clty 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 amounts with- held 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> this THE FOREGOING RESOLUTION is approved and signed by me 5th day of September, 19~. 'L\y~&t: ~p-- ATTEST: ~ '~k c. CLERK OF ~ ~?, -~ THE CITY OF ANAHEIM ."-- -3- - ,""'- STATE OF CALIFORNIA) COOKTY OF OIWI3E ) CITY OF AJWIE III ) 55. ~< I, DENE iii. WIllIAJlS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 67R...505 was introduced and adopted at a regular .eeting provided by law, of the City Council of the City of Anaheim, h~ld on the 5th day of Septeaber, 1961, by the following vote of the ..-bers thereof: AYES: COUNCILMEN: Krein, Schutte, Chandler and Pebley NOES: COUNCILMEN: None ABSENT : COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor of the Cl ty of Anaheim approved and signed said Resolution No. 61R...505 on the 5th day of September, 1967. IN WITNlSS WHEREOF, I have hereunto set ~ hand and affixed the official seal of the City of Anaheta this 5th day of September, 1967. ~ / 'k: ~_:...~ CI CLERK OF THE CITY OF AtWElliI ( SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 61R-505 duly passed and adopted by the Anaheim City Council on September 5, 1967. ~)n. ~~..-- City Clerk "' .~