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71R-197 RESOLUTION NO. 71R-197 A P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIlvl FINDING AND DETERMINING THAT PUBLIC CON-, VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT",. TO WIT: THE CENTRAL LIBRARY SERVICE ~~P, HARBOR AND BROADWAY, IN THE CITY OF ANAIIEIIVI, WORK ORDER NO. 564. , APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIF~CATIONS FOR THE CONSTRUCTION "THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IM- PROVE~mNT IN ACCORDANCE WITH SAID PLANS, SPECI- FICATIONS, ETC.; AND AUTHORIZING AND DIRECTING TIlE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. WHEREAS, public convenience and necessity require the construction and completion of a public improvement in the City of Anaheim, to wit: The Central Library Service Ramp, Harbor and Broad- way, in the City of Anaheim, consisting of the con- struction of concrete retaining walls and concrete slab and appurtenant wor}.:, as more particularly set forth in the plans and svecifications on file in the Offic.~ of tile City ClerJ< or City Engineer, Work Order No. 564. AND WHEREAS, the City Council instructed the Public Works Deoartment to prepare deta11ed des1gns, plans, profiles, drawings and specifications, and estimates of quantities and costs and make necessary surveys for the con- struction of said public improvement; and WHEREAS, said Public Wot:ks D~sytme~t has prepared said detailed des1gns, plans, pro 1 es, rawings and specifications for the construction of said public improvement and has submitted the same to the City Council; and WHEREAS, the City Council finds that the detailed designs, plans, profiles, drawings and specifications for said public improvement above mentioned, are in accordance with good engineering practice and are adequate to serve the needs and requirements of the City of Anaheim and the citizens and -1- ...-..,. residents in said area for the purposes for which they are intended, and that they are adequate for the construction of said public improvement and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the detailed designs, plans, profiles, drawings and specifications for said public improvement herein- above mentioned and described, be, and the same are hereby, approved and adopted as prepared by said Public Works Department AND BE IT FURTHER RESOLVED that said public improvement shall be constructed in accordance with said detailed designs, plans, profiles, drawings and specifications as prepared by said Public Works Department and hereby approved, and such addenda or modifications thereto as may be approved prior to the awarding of bids therefor. BE IT FURTHER RESOLVED that the City Clerk of the City of Anaheim be, and she is hereby, authorized and directed to publish a notice according to law, inviting sealed proposals 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 necessary to construct and complete, in a good and workmanlike manner, in strict accor- dance with said detailed designs, plans, profiles, drawings and specifications as prepared by said Public Works De~artment , the public improvement here1nabove men- tioned and described, and fixing the 10th day of June 19 71 , at the hour of 2:00 o'clock P.M. as the date and hour for-tne opening of said bids at the City Council Chamber in the City Hall in the City of Anaheim, and that said notice shall be published twice, the first of which publications shall be at least ten (10) days prior to the date fixed for the opening of bids, and that said publications shall be at least five (5) days apart. , AND BE IT FURTHER RESOLVED that the successful bidder or bidders shall be required to enter into a contract with the City of Anaheim in the manner and form approved by the City Attorney of the city of Anaheim for the construction, installa- tion and completion of said public improvement hereinabove mentioned and described, in accordance with the plans and speci- fications prepared by said Public Works Department , the notice inviting sealed proposals, this resolution and all applicable City Ordinances or Code Sections and the laws of the State of California, and shall be required to post bonds and insurance in the amounts and within the time required by law, as specified in the notice inviting sealed proposals, and in a form approved by the City Attorney. this THE FOREGOING RESOLUTION is approved and signed by me 1 Rth day of May , 19 (1 . ~J~ . ~ ~~~_ 7R OF THE CITY F ANAHEIM ATTEST: DENE M. DAOUST, CITY CLERK (;.~ ) ~ By . tLAJl-n~ 7? ~ t2..-j/LZro-4/" Deputy CITY CLERK OF THE CITY OF ANAHEIM -2- .~.. - .J................. .~..T.... '. -'-==-'. ~::n,;.. -, WHEREAS, on January 7 , 19 71 , 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, 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 12th day of Januarx ,19 71_, at the hour of l.:.:3<<L-- o'crock 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~~~OHNSON & CO~~P.O. Box 29, Anaheim. California 9280~ for the construction,:rnstarratlon ana completion or-sira-traffic signals and safety liqhtinq at the intersectio~Qf GJ~~~Ji~-- La Pa~a Ave., Anaheim, Work Order i607-A here1nabove mentioned ana-described, was tne lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said E. D. JOHNSON & COMPANX lor furnishing all planE;-rabor, services, mater1als and equipment and all utilities and transpor- tation, including power, fuel and water, and perfo~in9 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. D. JOHNSON & COMPANY ---- which said contrac~s duly made and entered into on the _15t~_ day of January __, 19~: and E - It. amfll)T~~ s. t"!n~ANY has furn1she all p ant, labor, services, materials ana-equrpment 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~ OpparTmpnT n~ ~'h'~ W~k& , and the coneract made an en ere 1nto with ~t by ~he City of Anaheim; and WHEREAS, the said WHEREAS, the _ Dire~. Of ...R1.lbJ.i&. Nq~lu1 has duly certified to the construct1on ana-complet1on 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 wi th said ~ _ n aTnHN~nN' s. ~nM:p~NV _ ; 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 te~s, 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. THE FOREGOING RESOLUTION is approved and signed by me this lath day of ____~_____, 19 71 . ~9~~ OF THE CITY OF ANAHEIM ATTEST: DENE M. DAOUST, CITY CLERK ,./'" '. ., ". ~/'-~ Bv L,<-,( .-l'-l'l-a,.. / ~/i. ~ Ct.'t--L~ ,..l,~~ Deputy CITY CLERK OF THE CITY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 71R-198 was passed and adopted at a regular meeting of the City Council held on the 18th day of Mav __, 19-1l, by the following vote of the members thereof: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COU'N'CILb1EN: None ABSENT: COUNCILI\1EN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 18th day of May , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixe~9he seal of ~~e City of Anaheim this 18th day of , 19_. DENE M. DAOUST, CITY CLERK /-. .. '\ ;..l ;'-" ./ l!I... c~.....f.." ~ "n t'l." )'~'J ~ Ct./l--.Ll:.'....rl..~.. Deputy CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 7lR-198 auly passed and adopted by the Anaheim City Council on May 18, 1971. DENE M. DAOUST, CITY CLERK B V L ,(.. c/ .f!J- .,.. ~ ,;(. ~ ./ ; Y I 1.--' ..~~"a /1.. l..[--?t.4" Deputy