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64-841RESOLUTION NO. 64R 841 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT TO WIT THE IMPROVEMENT OF SAGE PARK PARKING LOT NORTh- EAST C.R R I .1 CITY OF ANAHEIM JOB NO. 745. IO 4k -1- 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 13th and 20th days of Au ust 19 64 a notice inviting sealed proposals for urnis ing t e fol- owing: 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 improve- ment of the Sage Park Parking Lot, northeast corner of Lido Lane and Lido Place, in the City of Anaheim, consisting of the removal of existing P.C.C. and A.C. sidewalks, including haulaway and disposal, construction of Portland Cement Concrete curb, curb and gutter, sidewalk and driveway, 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, Job No. 745. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artment and the notice inviting sealed proposa s, w is sai notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 27th day of August 19 64 and which slid 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 WHEREAS, on August 27 19 64 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 and equipment, and all utilities and transportation, in- cluding power, fuel and water, and perfoLming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings there- for 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 WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 1st day of September l9 64 at the hour of 1:30 o'clock P.M., consider the 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 JOHN W. TIEDEMANN CO. 902 E. Third Street Whittier, California, for the construction, installation and completion of said improvement of Sage Park barking Lot, northeast corner Lido Lane and Lido Place Job No 745 hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said JOHN W. TIEDEMANN CO. for furnishing all plant, labor, ser- vices, 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, the said pub- lic 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 JOHN W. TIEDEMANN CO. which said contract was duly made and entered into on the 2nd day of September 19 6 4 and WHEREAS, the said JOHN W. TIEDEMANN CO. has urnished al plant, labor, ser- vices, materials and equipment 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 speci- fications, 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 City Engineer has duly certified to the construction and completion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said JOHN W. TIEDEMANN CO. an WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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 Coencil of the City of Anaheim that all plant, labor, service, -eaterials 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 appurtenances thereto, said public improvement hereinabove 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 tent's, 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 provisions of said contract and contract documents. That acceptance by the con- tractor 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 anything 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 17 FURTHER RESOLVED that the Mayor and the City Cleri of the City of Anaheim be and they are hereby authorized to execute and file a notice of completion of said work as teeiired by law. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of November STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CI Y CLERK OF THE CIT OF ANAHEIM I, DENE M. WILLIAMS Anaheim, do hereby certify t at t e duced and adopted at a law of the City Council of the City day of November 1964. (SEAL) AYES NOES ABSENT MAYO OF THE C COUNCILMEN COUNCILMEN. COUNCILMEN -3- Pebley, None Krein Eli City Clerk of the City of oregoing resolution was intro- regular meeting provided by of Anaheim, held on the 24tb_ Dutton, Schutte and Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 24th day of November IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of November 19 64 [e A CIT CLERK OF THE CITY OF ANAHEIM