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72R-090 RESOLUTION NO. 72R-90 . . ............ 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 JEFFERSON STREET - CORONADO STREET, STREET IMPROVEMENT PROJECT, IN THE CITY OP ANAHEIM, WORK ORDER NO. 621-A. 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 wi t : The Anaheim Bulletin, on Novemb~r 11 and November 18 , 19 71 , a notice inviting sealed proposals for furnishing the following: The improvement of Jefferson Street - North City Limits to Tustin Avenue, and Coronado Street - La Palma to Jefferson, in the City of Anaheim, consisting of tree removal; excava- tion; construction of P.C.C. curb, curb and gutter, cross gutter and spandrel, sidewalk, driveway approaches, and alley gutter; construction of asphalt concrete over aggregate base; construction of asphalt concrete berm: lowering of existing 18" and 27.1 C. C . P. water line; construction of a new water vault: and appurtenant work as more particularly se~ for~h in the plans and specifications on file in the Office of the City Clerk or City". Engineer, Work Order No. 621-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public Works 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 0 I clock P.M. of the 24th day of November , 19 71 , 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 stat~ that t~~.prev~il~ng~~~urly WHEREAS, on November 24 , 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 7th day of Degember~- , 1971 , at the hour of 1:30 oGclock. P.M., cons1der 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 B. Ewles, Inc., 14856 Di~lOW St.." Westminster, Calif. for t e construction, 1nstallation and completion of said Jefferson street - Coronado Street street improvement Dro1ect, Work Order No. 621-A hereinabove ment10ned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said John B. Ewles, Inc. for furnishing all plant, labor, services, materials and equipment 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 John B. Ewles, Inc. which said contract was duly made and entered into on the 9th day of December , 1911--; and WHEREAS, the said John B. Ewles, Inc. has furnished all plant, labor, services, materials and equipment 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 the Department of Public Works , and the contract made and entered into with it. by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said ,- .. ~ ..-.... . 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 herei~- above more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby accep~ed, 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 said work as evidenced by the adoption of this resolution, but not soo~er 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 'b'tlat the l.layor 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 14th day of March , 192L. / ATTEST: ~ . N. J)~ CIT CLERK OF THE CITY OF ANAHEIM ......... STATE OF CALIFORNIA ) COUNTY OP ORANGE ) SSe CZTY OP ANABErM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-90 was passed and adopted at a regular meeting of the City Council held on the 14th day of March , 19 72 , by" the following vote of the members thereof: --- ~ 1; ", AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton Pro Tem AND I FURTHER CERTIFY that the Mayor/Of the City of Anaheim approved and signed said resolution on the 14th day of March , 19-11-- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of March , 19 72 . ~~ # L2~~ CITY CLERK OP THE CITY OP 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. 72R-90 duly passed and adopted by the Anaheim City Council on March 14, 1972. R )( j)~ City Clerk ,A.