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1965-714RESOLUTION NO 65R 714 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: CONSTRUCTION OF A MASONRY BLOCK WALL AT LA THE CITY OF ANAHEIM JOB PALMA PARK IN NO. 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 h 1stddaa ro f July 19, a notice inviting sea ed proposa s or furnisskiing 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 construction of a masonry block wall 7 feet in height and approximately 422 feet in length at the east end of the football field in La Palma Park, in the City of Anaheim, including P.C.C. foundation, rein- forcement, 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. 891. in accordance with the designs, plans, profiles and specifica- tions prepared by the public Works Department and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 o'clock P.M. of the 8th day of Jul, 19 65 and which said notice did state and ec are t at, 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 J 8 19 65 at the hour of 2 :00 o'clock P.M., the City Clerk and the City Engineer of -1- 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, 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 re- port to the City Council at its next regular meeting; and WHEREAS the City Ccuncil of the City cf Anaheim did, at its next regular meeting, held on the 13th day of Jul 19 65 at the hour of 1 :30 o'clock P.M., con sicer t e sealed proposals submitted fortef fishing 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 aarrd alifornia for the construction, installation a a nd completion of said masonry block wall in La le- k Job No. 891 ereina.ove mentioned and escrib' d, eras t he owest response e pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said C_ WI I C 10 52 arden rove :lvd. Garden Grove alifornia ..or urnis ing a .s p ant, a•or, ser- vices, materials &nquipmentand 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 authcrize 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 C. W. WHITE INC. w ich said contract was duly ma e and entered into on t e 15th da: of Ju ly 1965 C W WHITE, INC., 10552 Garden Grove Blvd. and WHEREAS, the said C. W. WHITE INC. has furnished all 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 specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Public Works Department and the contract made an enters into with it y t e ity o Anaheim; and WHEREAS, the Director of Public WorIcs has duly certified to the zon.struction 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. WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of che balance due said contractor authorized in accordance with the contract documents. -2- NOW, THEREFORE, BE IT RESOLVED oy the City Connell of the City of Anaheim that all plant, labor, service, n.teria1b and equipment and all utilities and transportation, anA the per formance of 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 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 terms, 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 00) 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 arything done or furnished nr 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 II FURTHER RESOLVED that the Mayor and the City Clerl of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as ired by law. THE FOREGOING RESOLUTION is approved and signed by me this 28th day of DerSetet 19 65 ATTEST (SEAL) OF 1,--iE C; DO HEREBY C...'-.: 'r-tAi FHE FOREG....ANL: IS lil..... 4 4---t: .....tr,...4:--. 4 Y• ...''(..-,1- ,...4---e-efc,.-' -,0?"---;4.-.1-1.-- AL OF P.U.:-.OLUTk...h'-... Nio. 65R-714 DULY PASED MAYOR OF THE UTT CITY CLERK OF THE CITY OF ANAHEIM ADOPTED BY THE ANAHEIM CITY COUNCIL ON 9 STATE OF CALIFORNIA COUNTY OF OF ORANGE ss. CITY CLERK CITY OF ANAHEIM I, .k..A14_ City Clerk of the City of Anaheim, do hereby certi y tiat the oregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 28th day of September 19 65 AYES COLNCILMEN Pebley, Schutte and Krein NOES COUNCILMEN None ABSENT COUNCILMEN Dutton and Chandler AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 28th day of _s 19 65 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of September 19 65 -3- CITY CLERK OF THE CITY OF ANAHEIR