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56R-3457 - RBSOLUTION NO. 345'( 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 TRANSPORTATIO~ INCLUDING POWER, FUEL AND WATER, AlID PERFOnMIIro ALL WORK NECES- SARY TO CONSTRUCT AXD COMPLETE THE FOLLOWING PUBLIC IMPROVEMElft': THE REMODELING OF EXISTING FLOODLIGHT l"ACILITli'.:S HI LA PALMA PARK iN THE CITY OF ANABEIM, JOB N6. ;76 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 11th and the 16th days of May , 1950 , a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, an~ all utilities and transportation, including Dower, fuel and uater, and gerforming all ,\fork necessary to construct and complete, in a good anc:' workman like manner, in strict accordance with the olans c"nd specifications on file in the Office of the City Engineer or City Clerk df the City of Analleim, the following public improveme nt: Remodel existing floodlight facilities in La Palma Park in the City of Anaheim, as per plans and specifications, Job No. 376. in accordance with the ueslgns, plans, profiles and specifications prepared by E. D. Johnson & Com an and ap roved b the it En ineer and the notice inviting sea e proposa s, w ch sa notice spec _ fied that sealed proposals as specified in said notice would be received up until 7:00 o'clOCk P.!1. of the 22nd day of May , 19-59 , and which said notice did state and de- c1are that, pursuan~the provisions of Section 1770 of the Labor COde, the City Council of the City of Anaheim had ascertain- ed the prevailing rate of wages for each type of labor needed to ~ execute said contract and did set forth the prevailing hourly ~age scale SQ ascertained: and WHEREAS, at a regular meeting of the City Council heli on the 22nd day of May , 19 .56 , at the hour of 7:00 o'clOCk P.M. cf said date, said City Council did hold a publie hearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and equipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary " " to construct and. complete, in a good_ and Norkmanlike manner, in strict accordance Wi-::\l +;h,,: specifications, 91ane and drardngs ":c 0 '00. for on file in tL fice of the City Cler}: of the City of ,_ I,,,di",~im, of the pUbli,.',,;roveLlent hereinauove i,lOre p8.rticularl;\' Qescribed and set fortt, and "HEREAS, thF:' :':_Gy COUlee iJ. did thereupon refer said bids to the .--.9...it;y En~ine_eY'_~______.~-.:'I:-_'___ ,_for exa.roina tion, tabula tj o,~ Cl'1d re)u1"'CO tne City Counc iI, and said City Eqg,in_e_~r__ _ _____._ __ ____ did thereupon examine anQ tabulate said sealed pruposals and report the result of his tabulation to the City Council; and \{HEREAS, the City Council did meet in regular session on the 22nCLday of. ~~ 19.56..., at the hOur of 1.iQ.0 o.cllick P,h.""'t'Clconsider t e seared proposals submitted for furnishing materials and performing the work hereinabove more particularly described an~ set forth, and the--9i~_~~~_n_~~r_______ of the City of Anaheim did thereupon- make his- 'report andsubmit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by E. D. JOHNSON & COMPA~cr, P. O. BOX 29, ANAHEIM, CALIFORNIA ---- 1'01' the construction, instal'Ta-tion and completion of said remodeling 01' existir~g floo~~igl1..!.JacilJties in LaPalm..a_1-a.Fk,~n_the C~o...LJl:naheim nereinabove mentioned and described Was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said E. D. JOHNSON & CO~~ANY for furnishing all plant, labor, services,-materials and equip- ment 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, 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 & Cm.;})ANY which said contract was duly made and--entered into-on-the 23rd day of May , 19~; and ~iHEREAS, the said E. D. JOHNSON & CO~WANY hae furnished all plant, labor, services, materials and equip- ment and all utilities and transportation, 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 detail, design, plans, prOfiles, drawings and specifications prepared by E. D. Johnson & COITQany , and the contraot made and enterea into wi1rr1-rr--~Y~(lCity of Anaheim; and vvHEREAS, the City.En~ine~~ ~las dUly certified to the construdionand -completion of said public improvement hereinabove mentioned and described in accordance ,Ji th the plans and specifica tionsand the contract documents duly made ano_ entered into ,vi th said E. D. Johnson & COIDoanv . and --~--- .'-- --....,._.~ ----- , ,,-.- JHEREAS, the City Council finds that said contractor has cOffiplete~ said public improvement hereinabove more particu- larly described in accordance with the provisions of the contract and the contract documents, and that notice of comuletion should be filed and payment of tho balance due said contractor authorized in accordance with the contract documents. -2- NOH, THEREFO::\Z, B.2:' IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials J~~ equipm~nt and all utilities and transyortation, and the per- ,,- "~.rmancc of all work nocEssary to construct, install and completo en a good and vlOrkmanllko manner, in strict accordance with the specifications, plans and dra"rings therefor on file in the office of the City Clark of the City of Anaheim together with the ap- purtenances thereto of said public improvement horeinabove more particularly describeu &nd set forth, in tho City of Anaheim, by said contractor, be, and tho same is hereby, accepted, subject, nevertheless, to all the terms, ccnditions and provisions of tho contract documents, and that the balance duo said contractor for said work be paid to it thirty-five (35) days from and after final acceptance of said work as evidenced by tho adoption of this resolution, but not sooner tl~n 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 pro- visions of said contract and contract documents. That acceptance by tho 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 neg- lect of the City, its officers, agonts and employees, excepting only claims against the City for any amounts withhold by the City at the time of such payment. AND BE IT FURTHER RESOLVED that tho 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 re- quired by law. TH~ FOREGOING RESOLUTION was signod and approved by me this 4th day of J~Dtemb~r , 19 56 . /,/7 ~ L ff" 'J' ~ CI 0 A- A 11-- -- ATTEST: ~. II . . . '. L:?;rt6t- THt"~AHEIlvI ,,- -3- ,'"' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEDt ) - I, DEHE M. WILLIAMS, Ci ty Clerk of the City of An!iheillt, do her.by certify that the foregoing Resolution was adbpted upon a final reading at an adjourned regular meeting of the City Council of the City of Anaheim, held on the 4th day of September, 1956, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Coens, Fry, Schutte and Wisser NOES: COUNCILMEN: None ABSENT: CDUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 4th day of September, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of September, 1956. i~ ~ '2t--~ . CITY CLERK OF THE ~~M (SEAL) ~ Mr. & Mrs. Robt. H. Adams Mr. & 14rs. Elgin R. Tolman Edna R. Minnick Mr. . Mrs. Alex Aguirre Harrison S. Minnick Ralph Alexander Mr. & Mrs. M. L. Manos Mr. & Mrs. Chet Herbert Mrs. M. W. Bostick Elmer W. Berg Mrs. Annie K. Haster Mabel E. Berg Mr. & Mrs. Austin Fordyce Florence Hammond Mr. & Mrs. Lloyd B. Ferrell Marguerite M. North Mr. & Mrs. Roy J. Brown