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56R-3308 - RESOLUTION i'W. 3308 ,,-.. ~r A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVI CES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE WEST BALL ROAD STREET J:MAiOVEMENT FROM M.AGNOLIl AVENUE TO EuCLID AVENUE, JOB NO. 103. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general oirculation, printed, published and ciroulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 13th ~ and the 20th da;y of September , 19 5 , a notioe inviting sealed proposals for furnishing the following: 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 workmanlilre manner, in strict accord- ance with the plans and specifications on file in the otfice 01' the City Clerk 01' the City 01' Anaheim, the improvement of West Ball Road, from Magnolia Avenue to Euclid Avenue, by excavation and removal of present roadway, paviDg a 24-1'oot strip with 4-inch plant-mix, adjusting existing manholes to grade, and appurtenant work as in- dicated on the plans, Job No. 103, in aocordance with the uesigns, plans, profiles and specifications prepared by C.. eer and the notice inviting sea ed proposa s, wh ch fied that sealed proposals as specified in said notioe would be raoeived up until 7:00 o'clock P.H. C'f the 27th day of ~~mhAr , 19 55 , and which said notice did state and de- Cllare that, pursuan~the provisions of Seotion 1770 of the L~bor Code, the City Council of the City of Anaheim had ascertain- ed the prevailing rate of wages for each type of labor needed to ~. ex~cute said oontract and did set forth the prevailing hourly wage scale so asoertained; and on the o'clock hearing to that tet-ials oluding WHEREAS, at a regular meeting of the City Council heli 27th day 0 f Sef,tember , 19 55 , at the hour of 7:00 P.M. C'f said da e, said City Council did hold a publio for the purpose of opening sealed proposals received up time, for furnishing of all plant, labor, services, ma- and equipment, and all utilities and transportation, in- power, fuel and water, and performing all work necessary -1- - ,'-' to construct and complete, in a good and Norkmanlike manner, in strict accordance with th'3 specifications, 1)lans and draNings -:::h:'"~0for on file in tLe ,)"fice of the City Clerk of the City of i'.r.a11eim, of the public ~rI11)rovement hereinc~uove [,lOre particularly tescribed and set fortL; and "wHEREAS, the J::ty Cou"c~l did thereupon refer said bids to the Cij;v 1n.ld1Vller ___ ~_ ____. __ _ _ for examination, taoulatjol; o.~LCI. rep(,r.-}; ..~O "'tIle City Oouncil, and said exam ine a~at~~5.~f-f-sa id -seald-d'pi"-upo sals -and repo ~~d t~~e ~:~~~~ of his tabulation to the City Council; and \/HEREAS, the City Council did meet in re~ular session on the ~_day of_ Se~9t-_~19...s5.., at the nour of ~ O'clnck P,M. to oonsider t e sealed proposals submitted for urnlsning materials and performing the work hereinabove more particularly desoribed and set forth, and the_~_tz ~!r.___ of the City of Anaheim did tht)reupon make nisreport and submit his tabulation of said sealed proposals, and the City Council did thereupon find and delermine that the sealed proposal submitted by ~'er - ~~ljl. c~~., P. o. Box h32. 9riij~.1 C. U1o~i~ .. fofftJleicons ruc ion, installGltion and comp etion of said E~it.Vo~~~fof;n;f~1.~~c~:t w~;, the-lowest respOrlslbre-pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said ~-H:i.ller Contracti1!LCO~ for furnishing all plant, la or, services, "materia s aii'd 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 ~rorkmanlike manner, in strict accordance with the specifications, plans, and drawings, the said public imp~ovement 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 ~-Miller Contraoting C05?~ , which said con ract was dUly made arid entered into--on- the ~th~ ~ day of October ____, 1922-; and WHEREAS, the said ~-H:l.1ler Contract~ Co~ has furnished all plant, labor, services, materia s 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 accordanoe 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 speoifications prepared by ---:IiU CiJX .Ewz:il'Wlt' .. ., and the oontract maQsan entered into l,rltIl-n;----,;-y.-tI.ie City of Anaheim; and ~VHEREAS, the __ City ~____"__" ;l8.S duly certified to the construotion and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into .vi th said ~l1JJl'-w.JJ.e~ ---Vafi~~Y_ , ; and ~ JHEREAS, the City Council finds that said contractor has completed said public improvement hereinabovo 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 thG balance due said contractor authorized in accordance with the contract documents. -2- NOW, THEHEF03I:, Bt, IT :C\Z;lOLVED by the City Council of the City of Anaheim that all pI,ant, labor, services, materials Jl equipm8nt and all utilities and trans'::Jortation, and the pcr- :-rmance of all work :'lOC8ssary to construct, install and completo _ll a good and ~;TOrl'JJlanlikc manner, in strict accordance \\Ti th the 3pocifications, plans and drawings 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 hereinabove more particularly describoQ Lnd set forth, in the City of Anaheim, by said contractor, be, anu tho sarno is hereby, accepted, subject, nevertheless, to all tho terms, conditions and provisions of tho 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 completion, oxcepting only such sum or swns as may la1,lTfully 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, agents and employees, excepting only claims against the City for any amounts withheld by the City at tho timo of such payment. AND BE IT FURTHER RESOLVED that tho Mayor and tho City Clerk of the City of Anaheim be, and they are hereby, authorized to exacute and file a notice of completion of said work as re- quired by law. TH~ FOREGOING RESOLUTION was signed and approved by me this 29th day of Ma;y ___ ' 19 ~6 J" , ..f'../~ ./' . ~." ." , ...(?i/--lL-.{:>>' /L~ ~~ VIAtOR OF THE CITY OF Al AHZI ----- ATTEST: CIT~CL!:;RK/ oi-THf:1fntoF Ai~AHEll,1 r""'~. -3- "~, STATE OF CALIRlRNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) ss. ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 3308 was adopted upon a final reading at ~adjourned regular meeting of the City Council of the City Anaheim, held on the 29th day of ~ , 1956, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 3308 on the 29th day of ~ 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of May , 1956. L '-. ~.. <..,.- . , ) .' z....~ /;/f. ?V~/?<-~-t<.-/ CITY CLERK OF THE CITY OF ANAHEIM ( SEAL) '~--..., =."" ... _,.......'=_H.