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70R-450 RESOLUTION NO. 70R- 450 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 TENNIS COURTS AT OLIVE HILLS PARK, IN THE CITY OF ANAHEIM, WORK ORDER NO. 483. 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 May 14th and May 21st , 19 70 , 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 Anahe~m, the fol~owing public improvement, to w~t: Construct~on of tenn~s courts at Olive Hills Park, adjacent to the Olive Hills Reservoir, near the intersection of Nohl Ranch Road and Nohl Canyon Road, in the City of Anaheim, consisting of excavation and grading; construction of Laykold surfacing over aggregate base; construction of P.C.C. curb and sidewalk; furnishing and installation of color bond chain link fencing; furnishing and installation of net posts and footings; 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. 483. in accordance with the designs, plans, profiles and specifica- tions prepared by tqe Department of Public Works , and the notice invit~ng 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 28th day of Mav ' 19 7Q , 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- ....17 WHEREAS, on _~ 28 , 19'Z.L~, at the hour of ~tQ~ o'clock P.M., the City Clerk and the C1ty Engineer of the C1ty 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 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 2nd day of ~une----;-r9 70 , at the hour of 1:30 o'croc~ 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 ANBRO ENGINEERINGL INC.L-2609__ South Fairfax Avenu" Culver CitYL California 90230 ror-the constructron, :rnstarratron and compretion~r-sard construc- t1Qn Q! t~n~1R-~Qy~t~ at Olive Hills ParkL in the City of Anahe~ WQrk~~; H~L 4a~ . hereinabove mentioned and-descr1be , was-r~owest responsiole proposal submitted therefor, and thereupon accepted said bid and did award a contract to said AlBRQ EHGIN~E~ING 16~a or furn1shrng all plant, labor, servrces, materrars and-equrpment 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 ANRBO F.NGTNB~RT~G. I~r.- which sa1d contractwasduly made-and"-enteredInto-on the--"-4th day of __ Jun~___, 19_70_; and WHEREAS, the said ~BBQ_~ ItJC... has furn1shed all plant, labor, servICes; materrars-ana-equrpffient 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 specificaLlons, 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 tbe Cepartmen~ ~f ~~11k~.k~~ , and the contract ma e an entered 1nto wTth __ it__ -by -the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to theconstructfOnana-completron of sard 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 _ANB~9_~NG1NEERINg~ INC. ; and -2- WHEREAS, the City Council finds that said contractor has completed said public improvement 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, 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 that the balance due said con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance of-sai~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 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 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 15th day of __ Se'p~em'per___, 19 --'?.9_. ~-'\ .- ~H~Iiif~EiM-- 'f ATTEST: CJ A('~-- ~ERK OF THE CITY OF ANAHEIM -3- ""~-~- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -'. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the. foregoing Resolution No. 70R-450 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of ^naheim, held on the 15th day of September, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, 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 No. 70R-450 on the 15th day of September, 1970. IN WITNESS WH~REOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of September, 1970. ~JK./c/~ C TY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-450 duly passed and adopted by the Anaheim City Council on September 15, 1970. fL- )r-);;-~ City Clerk