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57R-4008 .-'" ,-. _,r-. RESOLUTION NO. 4OOf.:l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT I IMPROVEIvJEN'r OF RAT-I. RD.-CRQ~E AVE. AND L04RA 1ST. ON BALL FROM SOUTHERN PACIFIC RR TO EUCLID ~ ON CRONE FROM LOA ~ TO bOe) I WSTERJ;.Y: Af 0+1 LOAM FROM CRONE TO BALL, JOB NO. 13 . All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fUel and water, and perrorming all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specirications, plans and drawings thereror on rile in the office of the City Clerk or the City Engineer or the City of Anaheim, the following public improvement, to wit : The Ball Road-Crone Avenue and Loara Street street improvement, consisting of the improvement or Ball Road from the Southern Pacific Railroad to Euclid Avenue, of Crone Avenue from Loara Street to 600 reet westerly, and of Loara Street from Crone Avenue to Ball Road, by excavation, paving with 4 inches of plant-mix paving, adjusting existing manholes to grade, and appurtenant work as indicated on the plans, Job No. 13~, in accordance with the deSigns, plans, profiles and specifioations pre- pared by Geof'1e E Ef1yoke. City En Iii nm and the no tice invi tirg sealed propo8a 8, whio said notice spec ed that sealed proposals as speoified in said notice would be reoeived up until _7.0g o'clock P. M. of the 14th day of May , 19..5.Z-' ana w ich said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Counoil of the City of Anaheim had ascertained the preyailing rate of wages for each type of labor needed to execute said contract and did set forth the prevailing hourly wage soale so ascer- .-.' tained; and -- ' WHEREAS, at a regular meeting of the City Council held on the ~day of fAY , 195j ,at the hour of ~.nn o'clock ~f said da e, said City Counc 1 did hold a public earing for the purpose of opening sealed proposals reoeived 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 per- -1- forming all work neoessary to construct and oomplete, 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, of the public improvement hereinabove more ~- particularly described and set forth; and "-' WHEREAS, the City Council did thereupon refer said bids to the y~ty Engineer tor examination, tabula ion and report to the City Council, and said ~iiY Enr!neer did thereupon examine and tabu a e sa sealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the -,._lb.~ . day of ~ ' 19 ~~, at the hour of ~.OO olc~5Ck .M. to consider the sealed pro~s submitted for ~urnishing materials and performing the work hereinabove more particularly described and set forth, and the Qith Engineer of the City of Anaheim did t ereupon make his report and submit his tabulation of said sealed proposals, and the City Oouncil did thereupon find and determine that the sealed proposal submitted by COX BROS. C01~STRUCTION co.. P. o. Rox "C", Stanton, n~l'~nP1"1;A for the construction, installation and completion of said RAT.T. ROAn, CROilE AVENUE AND LOARA STRli!RT, STR,,-:R'!' TMPROVF.T4F.N'1', .TOR NO 1311 hereinabove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said COX BROS CONSTRUCTION CO for furnishing all piant, 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 workmaruike manner, in strict accordance with the speci- fications, 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 Oity of Anaheim with c~x Rr~s. C~nRtt1nt.inQ an ,whic sai con rac was duly made and entered into on tne ] ht.h day of M..y , 19..$+-; and WHEREAS, the said Cox Br~~. fontt~on Co. has furnished a p an , labor, services, materials arid"equ1.pment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and work- manlike manner, in strict accordance with the specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by Ge~rlireE_ ~Cl]ln~l!II, ~it.y ~;l'lA"" , and the con ract ma e an en ered---rnto wi th it: by the City of Anaheim; and WHEREAS, the 01 tv tfllinee:r :fled to the construction an completion of said public inabove mentioned and described in accordance with the tions and the contract documents duly made and entered COX BROS. CONSTRUCTION CO. has d.uly certi- improvement here- plans and specifica- into with said ; and ,.,.... ___, r WHEREAS, the City Council finds that said contractor has com- pleted said public improvement hereinabove more particularly 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 Oity of Anaheim that all plant, labor, services, materials and equipment -2- ,.,-..' -' <.... ;""" -. and all utilities and transportation, and the performance of all work necessary to construot, install and complete, ina good and workmanlike manner, in strict acoordance with the speoifications, plans and drawings therefor on file in the offioe 'of the Oity Clerk of the City of Anaheim, together with the appurtenanoes thereto of said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said con- tractor, be, and. the same are hereby, accepted, subJeot, neverthe- lese, to all the terms, oonditions 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 acceptanoe 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 notioe of completion, excepting only such sum or. sums as may lawfully be withheld in accordanoe with the provisions of said contract and contract documents. That acceptanoe by the contractor of said payments made in accordanoe with said final estimate shall operate and shall be a release to the Oity of Anaheim, its officers, agents and employees from all claims and liabilities due the cont~actor for anything done or furnished or withheld or for anything relating to the work or any aot or neg- leot of the City, its officers, agents and employees, exoepting only claims against the Oity 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 exeoute and file a notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is signed and approved by me this 23rd day of July , 19 S7 '. ")-'\ // ,. '1.,~J ! .,' ,c../......,. ,~_ kA!6ft ~~H!: 01 ANAHEIM .. ATTEST: , \ ," J ') ". ~U~'~~IM -)- ........ STAll! OF CALIFQJiOOA ) cowry 0' ORANCE ) CITY Of AlWmIM ) 55. "...- / I, DEME M. WlLUAJIS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at a ngW.u ..eting of the City Councll held on the 23rd day of July, 1957, by thlt following vote of th. lIleabers thereof. AYESs COUN::IUIINs Pearson, Coons, Fry, Schutte and Wisser. lI:lESs COUlCIUllHs None. ABSENrJ COUI<<:ILMlth None. Aft) I FURTHER CERTIFY that the Mayor of the Cl ty of Anaheim signed and approved said Resolution on the 23rd day of July, 1957. IN WInmss WHEREOF, I have hereunto set JAY hand and affixed the seal of the City of Anall.1JA this 23rd day of July, 1957. 'I ' l~ fr 2)--> . CITY cUttUC OF THE ~ i~ -