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1973-326 - - 73R- 326 RESOLtrl'ION NO. ,~ A RESOLtrl'ION 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 TRANSPORTATION INCLUDING POWER, FUEL AND \"lATER, AND THE PERFORMANCE OF -ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TWILA REED PARK GRADING AT THE SOUTHEAST CORNER OF ORANGE AVENUE AND PARKVIEW STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 736. -. 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 10th and 17th days of May , 19 73 , 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Twila Reed Park grading at the southeast corner of Orange Avenue and parkview Street, in the City of Anaheim, consisting of earth grading, removal of turf, demolition of buildings, trees and pipes and the removal of all debris, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 736. ~ in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Depar:tment . . ' and the notice inviting sealed proposals, wh1ch sa1d not1ce specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 24th day of May , 1973 , 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 ascer- tained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- -, -. ,~ WHEREAS, on May 24 , 19 73 , ,:it. t.he hour of 2:00 o'clock P.M, ,-~he City Clerk and the CIty Engineer of the CIty of Anaheim did open sa~d sealed proposals rece1ved IIp to that time for t"he furnishing of all plant, labor, serv,lces. materials and equl.pment, and all utilities and transportatior" including power, fuel and wat.er, and performing all work neces,- sary to construct and complete, "In a good and workmanlike manner. In strict accordance w.lth the speclfications, plans and dxawlngs therefor on file In the Office of the City Clerk of the CIty of Anaheim, the public 1mprovement here~nabove more particularAY described and set f.orth, in public, in the City CouncIl Chamber in the City Hall, Anaheim, California, and the City Engl.neer dld tabulate the result of said sealed proposals and did make a report to the Ci ty Council at i.ts next - - - - - - regu Lar meeting; and ~ WHEREAS, the c~ty Council of the City of Anaheim did, at its next - - - - - - regular meetl.ng, held on the 29th day of May, 1973 , at the hour of 1: 30 0' clock P.M., consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by MANESS EXCAVATION' GRADING, INC., 7223 E. Alondra Blvd., Paramount, California 90723 for the construction, l.nstallation and completion of said Twila Reed park grading at the SE cor. of Orange Ave.' parkview St., City of Anaheim, Work Order No. 736. hereinabove mentl"oned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said MAN... ESSEXCAVATION , GRADINGf INC. for urnishl.ng all plant, labor, servl.ces, materials and equipment and all utilities and transpor- tation, 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 not1ce 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 withMANESS EXCAVATION' ;RADING, INC. whic sal.d contract was duly made and entered into on the 31st day of Mav , 1911--; and WHEREAS, the said MANESS EXCAVATION' GRADING, INC. has furnished all plant, labor, serVl.ces, materl.als and equipment and all utilities and trans- portation, 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 detailed designs, plans, drawings, and specifications prepared by the Public Works Desartment , and the contract made an entered into wl.th it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of sal.d public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said MANESS EXCAVATION , GRA~N~. INC. . ; an -:2- .- WHEREAS, the city Council finds that said contractor has completed said public improvement hereinabove 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 the balance due said contractor authorized in accordance with the contract documents. 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 transportation, and the performance of all work necessary to construct, install and com- plete, in'a good and workmanlike manner, in strict accordance with the specifications, plans an~ drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement herein- above more particularly described and set forth, in the City 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 con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance ot:f~id 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, 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 accord- ance 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 amounts \-31th-. held by the city at the time of such payment. AND BE IT FURTHER RESOLVED unat the Mayor and the C1ty 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 Auqust , 1911--. ATTEST: ~~F~~cr~ ANAHEIM "-'" -3- - _. '.-..... STATE OF CALIFOP~IA ) COUNTY OF ORANGE ) sa . CITY OF A!~AHEIM ) It DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-326 was passed and adopted at a regular meeting of the City Council held on the . 7th day of August , 19--.1.1, by the following vote of the members thereof: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom, and Dutton NOES: COUNCILMEN': None ABSENT: COUNCIUtEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the .?th _ day of August , 19-LL-. IN WITNESS WliEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th _ day of 4u~ust , 19~. ~ :w,J1~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-326 duly passed and adopted by the Anaheim City Council on August 7, 1973. iL ~d[J~ City Clerk ,~