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69R-448 69R- 448 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 IMPROVE~lliNT, TO WIT: THE RED GUM-WHITE STAR STREET IMPROVEMENT, IN RED GUM STREET FROM APPROXIMATELY 750 FEET NORTH OF LA PALMA AVENUE TO LA PALMA AVENUE, AND IN WHITE STAR AVENUE FROM LA PALMA AVENUE TO BLUE GUM STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 370. RESOLUTION 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 March 20th and March 27 , 19 69 , a notice inviting sealed proposals for furnishing the following: The Red Gum-White Star street improvement, in Red Gum Street from approximately 750 feet north of La Palma Avenue to La Palma Avenue, and in White Star Avenue from La Palma Avenue to Blue Gum Street, in the City of Anaheim, consisting of excavation, construction of A.C. pavement over aggregate base; construction of P.C.C. curb and gutter, curb, drive approach, cross gutter and spandrel; adjustment of water valves and manholes to grade, 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. 370. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Depart~ent and the notice inviting sealed 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 3rd day of April , 19 69 , 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 --~~_l______, 19_~__, at the hour of __~:OO 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, 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 8th day of __~~~!______, 19_69_, at the hour of _~~~~ 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 E. L. White Comea~L-!~~~____ 12311 ChaEman AvenueL Suite l21L Garden Grove, California ror the construcITon;-rnstarraITon-anacompretIon-or-safcr-==--= -------R~~gum-Whit~~t~~_~t~~~~_i~~Qy~men~_____________________ hereinabove mentioned and-descrfbed;-was-rhe-rowest-responsf5re proposal submitted therefor, and thereupon accepted said bid and did award a contract to said -------~L-1!.t..._Wlit.~_C.ome~nYL-ln&.!..._____________________ for furnishing all plant, labor, servfces;-materfars-ancr-equfpment 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 E. L. White Com~anYL Inc. which said contract-was-duTy-made-and-entered-rnto-on-the----llth day of ____~ri!_____, 19_~~_; and ------ WHEREAS, the said ____~~~~_~ite C~~an~, Inc. has furnished all plant, labor, servfces;-materfars-and-equfpment 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___th~_~~li2_WoE~~~eea;~~~~_______ , and the contract made and entered lnto with=-I~==-by-tfle-City of Anaheim; and WHEREAS, the Director of Public Works ----------------------------~--- has duly certified to the construction and completion 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 --~.t..._L~_N.nite_CQm~an~L-In~_ ; 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 __~__ 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 tiling 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. THE FOREGOING RESOLUTION is approved and signed by me this _~ day of ___.J.!1].,y_______, ,/Y.2_. " ~l/ ; IJ (J~' ,f d . .... / /" '" " ) , . ~~C y OF-ANAHEIM ~-- ATTEST: ~~'i __)z{,h.4~~ CI · CLERK OF THE CITY OF ANAHEIM -3- _ .. _'~"""'~"""""'"'''__L''_'',,~,''''';{<_'~'''_''''''"'''''''~U=~~__._~~__ STATE OF CALIFORNIA OOUNTY OF ORANGE CITY OF AN AHEIM ) ) SSe ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-448 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 29th day of July, 1969, by the following vote of the members thereof: AYES: COUNCILMEN : Dutton, Krein, Schutte, Pebley and Clark It)ES: OOUNCILMEN : None ABSENT: COUNCILMEN : None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-448 on the 29th day of July, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of July, 1969. ( SEAL ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R-448 duly passed and adopted by the Anaheim City Council on July 29, 1969. ~Jr.~ '.... City Clerk