56R-3113
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLAJIlT LABOR,
SBRVICES, MATERIALS AND EQUIPpm AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER., AND PERFOHMINt} ALL WORK NECES-
SARY TO CONSTRUCT AND COMPLET! THE FOLLOWING
PUBLIC IMPROVEMENT: CONSTRUCTJ10N OF A SlIOP AND
-rGEIJ{~T ~~~rr;;;~~B O:C~~~~N~~;. IN
:mOIAL IKPROVEJlENT FUND.
WHEREAS, the City Counoil of the City of Anaheim did
oause to be published in a newspaper of general oiroulation,
Rl"..1.llted, published and oirculatitd in tha.EJty of AnaheiJllJ, to. wit;
'lbe Anaheim Bulletin, on the 2znd and2lQ.- Clays 01'- September "'0.
~ 5t..q, da} pf lato:ur , 19 .5.5 ,s. notice inviting. sealed
~posals or rnIiEIng the following:
All plant, labor, servioes, materials and equipment
(except as otherwise set forth in the specifications),
and all utilities and transportation, including power,
fuel and water, and performing all work necessary to
oonstruct and complete, in a good and workmanlike
manner, in strict accordance with the specifioations,
plans and drawings therefor on file in the Office
of the City Clerk of the City of Anaheim, and the
contract documents, the construction and oompletion
ot a shop and garage at the City Yard on Claudina
Street in Anaheim, California, including all ap-
purtenant work, Job No. 367, Unit IBI, Speoial
Improvement Fund.
in aocordance with the tiesigns, plans, p~ofiles and speoifications
prleptred by .Bl:udnd.... "'iIlAn1a:tu, Do i~'~l'"a.]4 ll'~1tyt
a~ the notHeJ.nvft1ng seaIea proposalsiWEIc sdd not oe specl-
f~d that sealed proposals as specified in said notioe would be
re!Ceived up until 7:00 o'clock P.Z1. cf the 11th day of
~~~ , 1955, and which said notice dia state and de-
C!pif. that, pursuantt'Clthe provisions of Section 1770 of the
Labor Code, the City Counoil of the City of Anaheim had ascertain-
ed the prevailing rate of wages for each type of labor needed to
exeoute said contract and did set forth tne prevailing hourly wage
scale so ascertained; and
WHEREAS~. at a regular meeting of the City Counoil heli
on the llth day of Oc.iober , 1955 , at the hour of 7:90
o'eloek ~.M. ~f said date, said City Council did hold a pUblio
he.~ibg for the purpose of opening sealed proposals reoeived up
to that time, for furnishing of all plant, labor, services, ma-
te~lals and equipment, and all utilities and transportation, in-
cl.<lirlg power, fuel and water, and performing all work necessary
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to construct and. complete, in a goocl and. Norkmanlike manner, in
strict aocordance with thq specifications, ~lan8 and drawings
t;J,.:,c~",for on file in tL. :.~'fice of the City CIerI..: of the C1 ty of
j\(.rti~p,im, of the public '.rlC;;rovement herein&uove more particularly
c.escribed and set forte.; and
'IHEREAS, the C::.cy Council did thereupon refer said bids
to. the Q1 ty ~'l)e~r__ ... .. _ __ ___ _ for
exwn:J.na tion, ta a tj Ot~ d.:1d rep0Y't ':;0 the City Counc iI, ana: said
C.1U ~~ineer... .. .. did thereupon
exlunlne and t~abu a e--said -seale-d--pr-o-posals and report the result
of his tabulation to the City Council; and
\iHEREAS, the City Council did meet in
ref;ular session on the llJ;hday of..~L- _19~, at the 1iOur
of ~tOO O'clnck P,h.~consider~aleorproposals submitted
for urnlshing materials and performing the work hereinabove more
particularly described and. set forth, and the--9it1: EZHtiY_er. .__
of the City of AnBUreim dlRr
-th,reupon- make llfit -report and submit his tabulation of said
Be~ed proposals, and tho City Council did thereupon find and
de~ermine that the sealed proposal submitted by A. P'.PRNHA~T~
- ill2. S9U~h ~c~td AY~mae AmW.,1JIL, O~li.t:\lll'~:i a... .
f~ol' . the cons ruotion, in~1alTe:tion and comp etlon of said . SHOP AND
~E AT THE CIT-X-L.ARD ON CLA~~NA ~T., ~~"jJJW,. 3Q1, roT ":R."_
h~:1nabove mentioned and descr ed was t e lowest reeponsf61e pX'O-
po.al submitted therefor, and thereupon aocepted said bid and did
aw.rd a contract to said 4. D, P~tlAAlJ._.
fot furnishing all plant, labor, services, materials and equip-
me*t and all utilities and transportation, including power, fuel
an4 water, and performing all work necessary to construot and
co,*plete, in a good and '\Irorkmanlike manner, in strict accordance
~ilh the specifications, plans, and drawings, the said public
imirovement as specified in said notice inviting sealed proposals,
an4 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
AruUlelm with A. D. Penhall
'W'h~ch sald contract was duly made and-entered into--on the 20th
day of October _, 19-22..; and
WHEREAS, the said At D. Penh~ll
ha~ furnished all plant, laoor, services, materials and equip-
ment and all utilities and transportation, and performed all work
ne~essary for the construction and completion, in a good and
wonkmanlike manner in strict aocordance with the specifications,
pl~ns and drawings, of said public improvement as specified in
the notioe inviting sealed proposalS and in the detail, design,
plans, profiles, drawings and specifications prepared by Rowland &
~Ooi~tfl~. D. :Easton Herrald. Arohitect~., and the contract
maqS an entered into "rllE-him oy-,;Ee 01 ty of Anaheim; and
,\VHEREAS, the C~ty ilgs!nE)er_ __
~as duly certified to the construction aIKr completion of said
public improvement hereinabove mentioned and described in
accordance with the plans and specifications and the oontract
dOQiuments duly made and entered into td th said A. D. Penhall
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~. dHEREAS, the City Council finds that said contractor
has. completeQ said public improvement hereinabovo more particu-
lar~y described in accordance with the provisions of the contract
and the contract do cumenta, and that notice of comuletion should
be filed and payment of tho balance due said contractor authorized
1n accordance with the contract documents.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant. labor, ser~ioes, materials
a::a equipmont and all utHities and transportat.ion, and the per-
":Jrmanco Of all work necessary to construct, in,stall and completo
III a good and workmanlike manner, in striot acoordance with the
BpeQiflcati~ns, plans and drawings there!for on file in the office
of the City Clerk of the City of Anahetm together with the ap-
pl.l1"venances thereto of said public 1mpro,ivslIsnt hereinabove m9re
p~rticularlY desoribou ~nd se~ forth. in the City of Anaheim, QY
8~id contractor, be. and tho same is hereby, accepted, subject.~
nevertheless, to all the terms. conditions and provisions of the
contract documents. and that the balance due said oontractor for
said work be 'paid to h1lll thirtY-five CJS) days from and after
final acceptanoe of said work as evidenc~d by the adoption of this
r0801ution, but not sooner than thirty (30) days after the date
of the filing of notioe of completion, excepting only such sum
or sums 'as Ill&y lawfully be withheld in accordance with the pro-
visions of said oontract and contract documents. That acceptanoe
by t~e contractor of said payments made in aooordance with said
final estimate shall operate and shall be a release to the CitY.of
Anaheim, its officers, agehts 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-
ltlct of the City. its officers, agents and employees, excepting
only olaims against the City for any amounts withheld by the City
at the time of such payment.
AND BE IT FURTHER RESOLVED that tho Mayor and the City
C~rk of tho City of Anaheim be, and they arc heroby, authorlze~
to e%Ocute and file a notice of completion of said work as ~~~
qUo1red by law.
TH~ FOREGOING RESOLUTION was sign.ad and approvod by mo
31st day of Janu.ar;r 19 :56.
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ATTEST:
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STA'fl QF CAUFllUiIIA )
COOm OF ~)(iE ) ss.
ern $, ANAHEIM )
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I, J).ENE M. WILLIAMS, Ci ty Clerk of the tty of Anahei., do
. ertOy... Certi.fY that the foregoill9 resolution was opted upon a final.
r.._'Ilf at an adjourned regular ...tiRg of the Cit Council of the
~itt.f Aftaheilll,held on the 31st clay of January, ~,by the follow-
Ing,.te of the -.alters thereof, ,
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AYES, COONCIlJlElh Pearson, Fry, Sc*tte, and Wisser.
l<<)ES, COOJ<<::ILMEJh Mone. '
ABSmITI COUICILMAlh Van Wagoner.
AIm I JlURTHl:fi CERTIFY that the Mayor of !the City of Anaheim
appt-ved and signed said resolution on the 31st da~ of January, 1956.
IN WITNESS WHEREOF, I have hereunto set ~y ha,nd and aff1xedthe
seat of the City of Anahela this 31st day of Jall\llljry, If!)6.
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CITY CLERX OF TY 0' A:WAHaM
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