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58R-4803 RESOLUTION NO. 4803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: A CONCRETE BLOCK COMPORT STATION, fN THE CT'l'Y PARK, NORTHltJEST COHNF.R OF CYPRESR AND LEMON STRRF.'1'S, CITY OF ANAHETM, JOB NO. II?' 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 the 21rd and 10th days of Ap~il , 19~, 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 Clerk or the City Engineer, the following public improvement, to wit: The construction and completion of a concrete block comfort station in the City Park, Northwest corner of Cypress and Lemon Streets in the City of Anaheim, California, together with all appurtenant work, as indicated on the plans, Job No. 421, in aooordanoe with the designs, plans, prOfiles and speoifica- tions prepared by G~o~g~ F. HolyokA, Oir.y F.ngin~A~ and the notioe inviting sealed proposals, whioh said notioe speoi- fied that sealed proposals as specified in said notioe would be received up until 2:00 o' clock P.M. of the 8th day of May , 19..;5L, 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 ascertained the prevailing rate of wages for each type of labor needed to exe- cute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on Mav 8th , 19...5.6.-, at the hour of 2:00 o'clock P.M., the City Clerk and City Engineer of the -1- - 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 necessary to con- struct 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>> 1n 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 lith day of May >> 19-5a->> at the hour of 7:00 o'clock P.K., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth. and did thereupon find and determine that the sealed proposal submitted by HARRIS & DENNER. lili W. 17th Street, Sant.a Ana, California for the construction, installation and completion of said CONCRETE BLOCK COMFORT STATION, CITY PARK. ANAHEIM, JOB NO. 11::>1 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor. and thereupon accepted said bid and did award a contract to said HARRIS & DENNER, 41i W. 17th St~AAt, Santa Ana, California. for furnishing all plant, labor, services, materials and equipment and all utilities and transportation. including power, fuel and water, and performin~ 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 author- ize 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 HARRIS & DENNER which said contract was duly made and entered into on the '9+.h day of Mav , 19..sB..-; and WHEREAS, the said HARRTS & DRNi<JRR has furnished all plant. labor, services. materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, in a good and workmanlike manner. in strict accordance with the specifications. plans. drawings, of said pUblic improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans. prOfiles. drawings and specifications prepared by GAn~gp. R Hn'ln~9. City EnginAA~ . and the contract made and entered into with of t by the Ci ty of Anaheim; and WHEREAS. the City En~ineer has duly certified to the construction 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 HAHRIS & DENNER ; and WHEREAS. the City Oouncil finds that said contractor has completed said pUblic improvement hereinabove more particularly de- scribed 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 1n aocord- ance w1th the contract documents. -2- 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 transportatlonp and the performance of all work necessary to construct, install and complete. in a good and workmanlike manner, in strict accordanoe with the specifica- tions. plans and drawings therefor on file in the Office of the City Olerk of the City of Anaheim, together with the appurtenances thereto" said public improvement hereinabove more particularly de- scribed and set forth, in the C1 ty 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 (30) days after the date of the filing of notice of com- pletion, 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 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 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 any amounts withheld 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 7th day of"~ October . 19~o /-7 ..._ /~~/~:/ .- /;d /:~ -4___ ~ '-. .~~.- ~~._~ -'-- OR OF THE CITY OF ANAHEIM ---~ ATTEST: /', ~ hr h~,~~~ CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUlITY OF ORANGE } SSe CITY OF ANAHEIM ) I>> DENE M. WILLIAMS p City Clerk of the City ot Anaheim. do hereby certify that the foregoing resolution was intro- duced and adopted at an ad journed regular meeting provided by law of the City Councll of the Oity of Anaheim. held on the 7th day of October , 19~!, by the following vote: AYES: NOES: COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons COUNCILMEN: None ABSENT: OOUNCILMEN: None AND I FURTHER CERTIFY that the Mayor Anaheim approved and signed said resolution on Onnonep 9 19~. IN WITNESS WHEREOF. the offioial seal of the Oity n~r.ob~~ 9 19~. of the City of the 7r.'h day of ( SEAL ) I have hereunto set my hand and affixed of Anaheim this 7tb day of /' ~~ )~A-_~H~ CITY CLE. OF ':fiHE CITY OF ANAHEIM -3-